LIBRARY OF CONGRESS! 



'MH |op 2 rigM^o | 

l ^mJk^- ]r ,, 

£ UNITED STATES OF AM Eli 



CONSTITUTION, STATUTES, AND CODE 



|rand Jodst of |m mid|capM Jasons 



STATE OF NEW YOKE, 



With Explanatory >"otes, Supplemented by the Approved 
Decisions of the Grand Lodge, 



THE WHOLE FORMING A SUBSTANTIAL CODE 



JURISPRUDENCE. 



BY JOHN TV., SniONS, P. G. M. 



NEW TOEE : 

haso:n~ic publishing axd ftjbnishetg co. 

1877. 









Entered according to Act of Congress, in the year 1877, by 

BARKER, du LAURANS & DURHAM, 

In the Office of the Librarian of Congress, at Washington, D. C. 



PEEFACE. 



The object of the following pages is to place be- 
fore the brethren in the most concise form, not only 
the Constitution, Statutes, and Code of the Grand 
Lodge, but also such explanation of the spirit of 
the various articles and sections, supplemented by 
the decisions of the Grand Lodge, as will make 
their application plain to all who desire to under- 
stand the organic and statutory law of this juris- 
diction. 

To this end we have endeavored to present the 
subject matter in a different shape from any here- 
tofore undertaken ; our plan being to give first the 
actual text of the Constitution and Statutes, and 
where a section appears to need comment to give 
that, supplemented by the authorized decisions of 
the Grand Lodge on the subject to which the sec- 
tion relates. By this method the inspector has at 
once, and in a small compass, all the law upon any 
given subject that can be furnished in this juris- 
diction, and any Master basing his decision or 
brother his opinion on a disputed point, in accord- 
ance with the text hereinafter furnished, will know 
that he is supported by the actual state of the law 
as it now exists. 



PREFACE. 



"We have given the decisions quoted as they 
finally passed the Grand Lodge, not deeming it 
necessary to cumber the work with other reference 
to the transition from the first proposition as re- 
ported by the Grand Master to the final action of 
the Grand Lodge than the pages of the printed 
transactions, indicating, first, the original report, 
and, secondly, the amendment, if any, by adoption 
of the report of the Committee, thus enabling those 
who desire to verify our work to do so for them- 
selves. 

It will, we think, be admitted that there is no 
part of Masonic knowledge which the brethren 
have taken less pains to acquire than an acquaint- 
ance with the laws which govern our association, 
and this, it occurs to us, is mainly due to the fact, 
that the subject has never before been presented 
to them in such compact and sequent form as to 
enable them to exhaust at a single reading all the 
authorized law upon any given point. It is no less 
true that the printed annual transaction of the 
Grand Lodge do not reach the hands of the breth- 
ren generally, and hence they do not know what 
has been done, and are in consequence unable to 
decide for themselves when a question involving 
some principle of constitutional law is presented. 
A careful examination of this work will remove 
this difficulty, and give to every one who studies 
it the basis on which to proceed in acquiring a 
thorough knowledge of Masonic jurisprudence, a 



desideratum, the value of which no Mason of ex- 
perience will be inclined to dispute. 

While it were to be wished that Masonic trials 
should never be known, still, in view of the fact, 
that even Masons will sometimes err, it is desir- 
able that the Code relating to this unpleasant de- 
partment of our affairs, should be as perfect as 
possible ; to this end we have carefully collated all 
the amendments adopted since 1873, and present 
the copy in these pages as exactly correct, and to 
be safely followed in all matters of trial and ap- 
peal. 

The various forms annexed to the work, includ- 
ing the standard By-Laws, will be found useful in 
their way ; and thus the brethren have at their dis- 
position the means of knowing their duties, respon- 
sibilities, and rights, and of being prepared to dis- 
charge the former and maintain the latter. 

Fraternally, 

JOHN W. SIMONS, 

Past Grand Master. 



THE 

CHARGES OF A FREE MASON, 

EXTRACTED FROM 

The ancient 3&ecorUs of Lodges beyond Sea, and of 

those in England, Scotland and Ireland, for 

the Use of the Lodges in London, 

TO BE READ 

At the making of New Brethren, or when the 
Master shall order it. 



Charge I. 

Concerning God and Religion. 

A Mason is obliged by his Tenure, to obey the moral 
Law ; and if he rightly understands the Art, he will 
never be a stupid Atheist, nor an irreligious Libertine. 
But though in ancient Times Masons were charged in 
every Country to be of the Religion of that Country or 
Nation, whatever it was, yet 'tis now thought more ex- 
pedient only to oblige them to that Religion in which 
all men agree, leaving their particular opinions to 
themselves ; that is, to be good Men and true, or Men of 
Honour aud Honesty, by whatever Denominations or 
Persuasions they may be distinguished ; whereby Ma- 
sonry becomes the centre of Union, and the means of con- 



8 OLD CHARGES. 

ciliating true Friendship among Persons that must have 
remained at a perpetual distance. 

Charge II. 

Of the civil Magistrate Supreme and subordinate. 
A Mason is a peaceable Subject to the Civil Powers, 
wherever he resides or works, and is never to be con- 
cerned in Plots and Conspiracies against the Peace and. 
Welfare of the Nation, nor to behave himself unduti- 
fully to inferior Magistrates ; for as Masonry hath been 
always injured by War, Bloodshed, and Confusion, so 
ancient Kings and Princes have been much disposed 
to encourage the Craftsmen, because of their Peaceable- 
ness aud Loyalty, whereby they practically answered the 
cavils of their Adversaries, and promoted the Honour of 
the Fraternity, who ever nourished in Times of Peace. 
So that if a Brother should be a Rebel against the state, 
he is not to be countenanced in his Rebellion, however 
he may be pitied as an unhappy Man ; and if convicted 
of no other crime, though the loyal Brotherhood must 
and ought to disown his Rebellion, and give no Um- 
brage or Ground of political Jealousy to the Govern- 
ment for the time being ; they cannot expel him from 
the Lodge, and his Relation to it remains indefeasable. 

Charge III. 

Of Lodges. 
A Lodge is a Place where Masons assemble and work : 
Hence that Assembly, or duly organized Society of Ma- 
sons, is called a Lodge, and every Brother ought to 



GRAND LODGE. 9 

belong to one, and to be subject to its By-Laws and the 
General Regulations. It is either particular or general, 
and will be best understood by attending it, and by the 
Regulations of the General or Grand Lodge hereunto an- 
nexed. In ancient Times, no Master or Fellow could be 
absent from it, especially when warned to appear at it, 
without incurring a severe censure, until it appeared 
to the Master and Wardens, that pure Necessity hindered 
him. 

The Persons admitted members of a Lodge, must be 
good and true Men, free born, and of mature and dis- 
creet Age, no Bondmen, no Women, no immoral or 
scandalous Men, but of good Report. 

Charge IV. 

Of Masters, {K&at&ens, Fellows, and Apprentices. 

All preferment among Masons is grounded upon real 
Worth and personal Merit only ; that so the Lords may 
be well served, the Brethren not put to Shame, nor the 
Royal Craft despised : Therefore no Master or Warden is 
chosen by Seniority, but for his Merit. It is impossible 
to describe these things in writing, and every Brother 
must attend in his Place, and learn them in a way pe- 
culiar to this Fraternity ; Only Candidates may know, that 
no Master should take an Apprentice, unless he has suffi- 
cient Imployment for him, and unless he be a perfect 
Youth, having no Maim or Defect in his Body, that may 
tender him uncapable of learning the Art, of serving his 
Master's 3Lor"&, and of being made a Brother, and then a 
Fellow Craft in due time, even after he has served such 



10 OLD CHARGES. 



a Term of Years as the Custom of the Country directs ; 
and that he should be descended of honest Parents ; 
that so, when otherwise qualified, he may arrive to the 
Honour of being the Warden, and then the Master of 
the Lodge, the Grand Warden, and at length the Grand 
Master of all the Lodges, according to his Merit. 

No Brother can be a Warden until he has passed the 
Part of a Fellow Craft; nor a Master until he has acted 
as a Warden, nor Grand Warden until he has been 
Master of a Lodge, nor CKtantl faster unless he has 
been a Fellow Craft before his Election, who is also to be 
nobly born, or a Gentleman of the best Fashion, or some 
eminent Scholar, or some curious Architect, or other Artist, 
descended of honest Parents, and who is of singular, 
great Merit in the Opinion of the Lodges. And for the 
better, and easier and more honourable Discharge of 
his Office, the Grand Master has a Power to chuse his 
own Deputy Grand Master, who must be then, or must 
have been formerly, the Master of a particular Lodge, and 
has the Privilege of acting whatever the Grand Master, 
his Principal, should act, unless the said Principal be pres- 
ent, or interpose his Authority by a Letter. 

These Rulers and Governors, supreme and subordinate of 
the ancient Lodge, are to be obeyed in their respective 
Stations by all the Brethren, according to the old Charges 
and Regulations, with all Humility. Reverence, Love, 
and Alacrity. 



GRAND LODGE. 11 

Charge V. 

Of the Management of the Craft in working. 

All Masons shall work honestly on working Days, that 
they may live creditably on holy Days ; and the time ap- 
pointed by the Law of the Land, or confirmed by Cus- 
tom, shall be observed. 

The most expert of the Fellow Craftsmen shall be cho- 
sen or appointed the Master or Overseer of the Lord's 
work ; who is to be called Master by those that work 
under him. The Craftsmen are to avoid all ill Language, 
and to call each other by no disobliging Name, but 
Brother or Fellow ; and to behave themselves courteously 
within and without the Lodge. 

The Master, knowing himself to be able of Cunning, 
shall undertake the Lord's "Work as reasonably as possi- 
ble, and truly dispend his Goods as if they were his 
own ; nor to give more Wages to any brother or Appren- 
tice than he really may deserve. 

Both the faster and the Masons receiving their 
Wages justly, shall be faithful to the Lord, and honestly 
finish their Work, whether Task or Journey ; nor put the 
Work to Task that hath been accustomed to Journey. 

None shall discover Envy at the Prosperity of a 
Brother, nor supplant him, or put him out of his Work, 
if he be capable to finish the same ; for no Man can fin- 
ish another's Work so much to the Lord's Profit, unless 
he be thoroughly acquainted with the Designs and 
Draughts of him that began it. 

When a Fellow Craftsman is chosen Warden of the 



12 OLD CHARGES. 

Work under the Blaster, he shall be true both to Master 
and Fellows, shall carefully oversee the work in the 
Master's Absence to the Lord's Profit j and his Brethren 
shall obey him. 

All Masons employed, shall meekly receive their Wages 
without Murmuring or Mutiny, and not desert the Mas- 
ter till the Work is finished. 

A younger Brother shall be instructed in working, to 
prevent spoiling the Materials for want of Judgment, 
and for increasing and continuing of Brotherly Love. 

All the Tools used in Working shall be approved by 
the Grand Lodge. 

No Labourer shall be employed in the proper Work of 
Masonry ; nor shall jfree jf&asons work with those 
that are not free, without an urgent Necessity ; nor shall 
they teach Labourers and unaccepted Masons, *s they 
should teach a Brother or Fellow. 

Charge VI. 

Of Behaviour viz. In the SLoluje while Constitute*!. 1 
1. You are not to hold private Committees, or sepa- 
rate Conversation, without Leave from the Master, nor 
to talk of anything impertinent or unseemly, nor inter- 
rapt the Master or Wardens, or any Brother speaking to 
the Master ; Nor behave yourself ludicrously or jest- 
ingly while the Tjodge is engaged in what is serious and 
solemn ; nor use any unbecoming Language upon any 
pretence whatsoever ; but to pay due Reverence to 
your Blaster, Wardens, and Fellows, and put them to 
worship. 



GRAND LODGE. 1<3 

If any Complaint be brought, the Brother found 
guilty shall stand to the award and Determination of 
the Lodge, who are the proper and competent Judges of 
all such controversies, (unless you carry it by Appeal 
to the Grand Lodge) and to whom they ought to be re- 
ferred, unless a Lord's Work be hindered the mean 
while, in which case a particular Reference may be 
made ; but you must never go to Law about what con- 
cerneth Masonry, without an absolute necessity appa- 
rent to the Lodge. 

3Seftabfout after the Lodge is over and the 3$retfiten 
not gone. 

2. You may enjoy yourselves with innocent Mirth, 
treating one another according to Ability, but avoid- 
ing all Excess, or forcing any Brother to eat or drink 
beyond his Inclination, or hindering him from going 
when his Occasions call him, or doing or saying any- 
thing offensive, or that may forbid an easy and free Con- 
versation, for that would blast our Harmony, and de- 
feat our laudable Purposes. Therefore no private 
Piques or Quarrels must be brought within the door of 
the Lodge, far less any Quarrels about Religion, or Na- 
tions, or State Policy, we being only, as Masons, of the 
Catholic Religion above mentioned ; we are also of all 
Nations, Tongues, Kindreds, and Languages, and are re- 
solved against all |iolittcfcs, as what never yet con- 
duced to the Welfare of the Lodge, nor ever will. This 
Charge has been always strictly enjoined and observed ; 
but especially ever since the Reformation in Britain, or 



14: OLD CHARGES. 

the Dissent and Secession of these Nations from the 
Communion of Rome. 

JJefiabfout; when Brethren meet without Strangers, but not 
in a JLotiflc formed. 

3. You are to salute one another in a courteous man- 
ner, as you will be instructed, calling each other 
Brother, freely giving mutual Instruction as shall be 
thought expedient, without being overseen or over- 
heard, and without encroaching upon each other, or de- 
rogating from that Respect which is due to any Brother, 
were he not a Mason : For though all Masons are as 
Brethren upon the same Level, yet Masonry takea no 
Honour from a Man that he had before ; nay rather it 
adds to his Honour, especially if he has deserved well 
of the Brotherhood, who must give Honour to whom it 
is due, and avoid ill Manners. 

3$e$abfour in Presence of Strangers not jj&asons. 

4. You shall be cautious in your Words and Carriage, 
that the most penetrating Stranger shall not be able to 
discover or find out what is not proper to be intimated ; 
and sometimes you shall divert a discourse, and man- 
age it prudently for the Honour of the Worshipful 
Fraternity. 

Hk&abfout at Home and in your Neighbourhood. 

5. You are to act as becomes a moral and Wise Man ; 
particularly, not to let your Family, Friends, and Neigh- 
bours know the Concerns of the Lodge, &c. but wisely to 
consult your own Honour, and that of the ancient Broth- 



GRAND LODGE. 15 

erkood, for Reasons not to be mentioned here. You 
must also consult your Health, by not continuing to- 
gether too late, or too long from Home, after Lodge 
hours are past ; and by avoiding of Gluttony or Drunk- 
enness, that your Families be not neglected, or injured, 
nor you disabled from Working. 

Uefiabfour towards a Strange Brother. 

6. You are cautiously to examine him, in such a 
Method as Prudence shall direct you, that you may not be 
imposed upon by an ignorant false Pretender, whom you 
are to reject with Contempt and Derision, and beware 
of giving him any hints of Knowledge. 

But if you discover him to be a true and genuine 
Brother, you are to respect him accordingly ; and if he 
is in want, you must relieve him if you can, or else di- 
rect him how he may be relieved. You must employ 
him some days, or else recommend him to be employed. 
But you are not charged to do beyond your Ability, 
only to prefer a poor Brother, that is a good Man and 
true, before any other poor People in the same circum- 
stances. 

Finally, All these (Efiatflea you are to observe, and 
also those that shall be communicated to you in another 
way ; cultivating Brotherly Love, the Foundation and 
Capestone, the Cement and Glory of this Ancient Frater- 
nity, avoiding all "Wrangling and Quarrelling, all Slan- 
der and Backbiting, nor permitting others to slander 
any honest Brother, but defending his Character, and 
doing him all good Offices, as far as is consistent with 



16 OLD CHARGES. 



your Honour and Safety, and no farther. And if any of 
them do you Injury, you must apply to your own or 
his Lodge; and from thence you may appeal to the 
Grand Lodge at the quarterly Communication, and from 
thence to the Annual Grand Lodge, as has been the an- 
cient laudable Conduct of our Forefathers in every na- 
tion ; never taking a legal Course but when the case can- 
not be otherwise decided, and patiently listning to the 
honest and friendly advice of Master and Fellows, when 
they would prevent your going to Law with Strangers, 
or would excite you to put a speedy Period to all Law 
suits, that so you may mind the Affair of Masonry with 
the more Alacrity and Success ; but with respect to 
Brothers or Fellows at Law, the Master and Brethren 
should kindly offer their Mediation, which ought to be 
thankfully submitted to by the contending Brethren ; 
and if that submission is impracticable, they must how- 
ever carry on their Process, or Lawsuit, without "Wrath 
and Rancor (not in the common way) saying or doing 
nothing which may hinder Brotherly Love, and good Offi- 
ces to be renewed and continued ; that all may see the 
benign Influence of Masonry, as all true Masons have done 
from the Beginning of the World, and will do to the 
end of Time. 



&tf$en so mote ft be. 



Adopted June 6, 1873. 



CONSTITUTE AND STATUTES 

OF THE 

GRAND LODGE 

OP 
FREE AND ACCEPTED MASONS 

OF THE STATE OF NEW YORK. 



The Free and Accepted Masons of the State of 
New York, by their Grand Officers and Eepresen- 
tatives in Grand Lodge assembled, at an Annual 
Communication thereof, in accordance with exist- 
ing Constitutions and Laws, do ordain and estab- 
lish the following Constitution and Statutes : 



CONSTITUTION. 

AETICLE I. 

OF THE GRAND LODGE. 

§ 1. The style of this Grand Lodge shall be 
"The Grand Lodge of Free and Accepted Ma- 
sons, of the State of New York." 



18 • CONSTITUTION. 

§ 2. The government of Free and Accepted Ma- 
sons is reposed : 

1. In Grand Lodges ; and, 

2. In Subordinate, or Particular Lodges. 

There is, perhaps, no subject of so much real in- 
terest to the Craft at large, to which the brethren 
have given so little attention, as to that involved 
in the nature of Masonic government as set forth 
in the preceding sections of Article I. In general 
terms the lay brethren, as individuals and in their 
capacity as lodges, seem to entirely forget that 
there are any rights vested in them as individuals 
or as lodges which the Grand Lodge is bound to 
respect, and they accept its legislation as not open 
to question and not liable to error. In behalf of 
the proper discipline of the Institution, we cannot 
but applaud this willingness to submit to the find- 
ings of our Masonic legislature ; yet, at the same 
time, we must be permitted to call attention to the 
fact, that in Masonry as in the public affairs of our 
country the real sovereignty resides after all in the 
people, and that, hence, whenever any valuable 
right or franchise is taken away from them by the 
legislative body, the fault lies mainly with them- 
selves, because they have not taken care to assert 
and maintain their own rights in the premises. 
Grand Lodges, while moved by an earnest desire 
to act for the best are none the less fallible, and 
subject to be swayed by circumstances into the 
adoption of laws not always either wholesome in 



GEAND LODGE. 19 

themselves or applicable to the best interests of 
their constituents, and hence it will be found that 
no inconsiderable part of their legislation is the 
subject of continual revision from the experimental 
character it bears from its very inception. A 
striking instance of this is afforded in reviewing 
the action of our Grand Lodge for the past twenty 
years on the subject of lodge dues. During that 
time scarcely a session has passed without some 
change, or proposed change, in regard to the pay- 
ment or non-payment of dues in lodges, and the 
lodges have quietly accepted and conformed to 
whatever change may have been made ; yet if any 
one will carefully reflect upon the subject he must 
arrive at the conclusion that the whole matter is 
of a purely family nature, that every lodge being 
the judge of its own membership and its own pri- 
vate affairs, should of right and by law be left to 
arrange this matter of dues to suit itself in accord- 
ance with the views of a majority of its own mem- 
bership, charging more or less dues or no dues at 
all as its own best interests may dictate, and mak- 
ing such laws for their collection as may best meet 
the circumstances of each family group. So again 
in the matter of admission to initiation and mem- 
bership, every lodge has an indefeasible right to 
settle such questions for itself, and without regard 
to any power or authority outside of itself. 

The real power ceded to the Grand Lodge at the 
revival of 1717 is simply a general supervision of 



20 CONSTITUTION. 

those matters in which all are alike interested, 
while all other matters remain, or at least should 
remain, within the domain of the particular lodges. 

If this distinction were clear in the minds of the 
brethren, there would be less legislation in the 
Grand Lodge, and more peace and harmony in the 
subordinates; we therefore conclude that the 
lodges and brethren have some rights which they 
neither have lost nor can surrender, and that their 
best hope for the future lies in vigilantly watching 
against any encroachment upon those rights, and 
in a firm determination that Grand Lodge legisla- 
tion shall not pass beyond the line which separates 
the general from the particular. In other words, 
and to repeat what has already been said, while 
the relations of lodges toward one another, and to- 
ward their peers of other jurisdictions are to be 
governed by the law in such cases made and pro- 
vided by the Grand Lodge, their interior or family 
government belongs to themselves, and ought not 
to be surrendered while there is a possibility of 
resistance. 

Hence the following section : 

§ 3. This Grand Lodge has supreme and exclu- 
sive jurisdiction over all matters of Ancient Craft 
Masonry within the territorial limits of the State 
of New York, 

is to be taken only in its general sense, while 
Subdivision 2, of the preceding section, will be un- 
derstood to refer to and authorize all acts which 



GBAND LODGE. 21 

properly belong to the domain of lodge business 
and legislation. 

§ 4. This Grand Lodge shall be composed of all 
its Grand Officers, the Past Grand Masters, Past 
Deputy Grand Masters, Past Grand Wardens, Past 
Grand Treasurers, Past Grand Secretaries, and one 
representative from each lodge, who shall be the 
Master, one of the Wardens in the order of sen- 
iority, or a proxy duly appointed by the lodge, the 
members of the Commission of Appeals, accord- 
ing to the rules prescribed by the Constitution of 
this Grand Lodge, and also of all such Past Mas- 
ters of lodges under this jurisdiction as were elect- 
ed and installed and served one year in the chair of 
Master prior to the 31st day of December, 1849. 
But it may at its pleasure, and by duly altering 
its Constitution, enlarge or diminish the numbers 
and qualification of its members, provided no one 
can be a member of this Grand Lodge unless he be 
a member of some lodge within this jurisdiction. 

This section, it will be observed, is a complete 
surrender on the part of lodges of what has for 
many years been deemed an indefeasible right of 
representation in the Grand Lodge. By it the su- 
preme Body claims, and the subordinates allow, 
that whenever the time shall arive — and it cannot 
be far distant — for a further reduction in the num- 
ber of representatives, the Grand Lodge by amend- 
ing the Constitution in the foregoing section may 
bring about that result, and it will be useless to 
argue about vested rights for the reason already 
stated, that they have been openly and freely sur- 
rendered. No argument is needed to demonstrate 



22 CONSTITUTION. 



that the Grand Lodge as now constituted is al- 
ready too unwieldy for intelligent legislation, and 
it should, therefore, be the act of all who desire 
peaceful and harmonious progress in the future to 
look forward to and prepare for such a change in 
the manner of representation as will secure a more 
compact body, and allow of such intelligent dis- 
cussion'of questions brought before it as will coun- 
teract in the largest measure the evils of hasty 
and ill-considered legislation. 

§ 5. The following Grand Officers shall be elected 
annually at the Annual Communications of this 
Grand Lodge: a Grand Master, Deputy Grand 
Master, Senior Grand Warden, Junior Grand War- 
den, Grand Treasurer, Grand Secretary, 

The following Grand Officers shall be appointed 
by the Grand Master at the Annual Communica- 
tion, or within thirty days after the close thereof, 
or as vacancies may occur, to hold office during 
his pleasure, namely : 

A District Deputy Grand Master for each Ma- 
sonic District, three Grand Chaplains, a Grand 
Marshal, Grand Standard Bearer, Grand Sword 
Bearer, four Grand Stewards, a Senior Grand 
Deacon, a Junior Grand Deacon, a Grand Lec- 
turer, a Grand Librarian, and a Grand Purusivant 
and Grand Tyler, j 

§ 6. The Grand Lodge shall meet annually, in 
the City of New York, on the first Tuesday of 
June. 

Special Communications may be called by the 
Grand Master, but no legislation affecting the 
general welfare of the Craft shall be made, re- 
pealed, or changed, except at the Annual Commu- 
nication. 



GRAND LODGE. 23 



§ 7. The representatives of ten lodges, convened 
on due notice to all the lodges, shall be indispen- 
sably necessary to open the Grand Lodge or trans- 
act business therein, except on occasions of cere- 
mony, vrhen the Grand Master, or his representa- 
tive, with a sufficient number of brethren, may 
open the Grand Lodge and transact the business 
for which it is called. 

§ 8. The elective Grand Officers shall be chosen 
by ballot, and by a majority of votes, unless there 
be but one candidate in nomination, when an elec- 
tion may be had by show of hands. 

§ 9. When the Grand Master shall be chosen 
from the city of New York, or the city of Brook- 
lyn, the Deputy Grand Master shall be chosen 
from some other portion of the State : and when 
the Grand Master shall be chosen from any por- 
tion of the State, other than the city of New York, 
or the city of Brooklyn, the Deputy Grand Master 
must be chosen from the said cities. The Grand 
Treasurer and Grand Secretary shall be chosen 
from said cities. The Senior Grand Warden and 
Junior Grand Warden shall be chosen from some 
part of the State other than the said cities. A 
residence of four months immediately previous to 
such election shall be required to comply with 
this section. 

§ 10. Whenever a vacancy shall occur in any 
Grand Office, the Grand Master may appoint any 
member of the Grand Lodge to discharge the du- 
ties of the office till the vacancy shall be filled at 
the next Annual Communication. 

§ 11. Each member of the Grand Lodge, except 
the Grand Tiler, shall have one vote as such. 

The foregoing sections, 5-11, relate entirely to 



24 CONSTITUTION. 

Grand Lodge business, and need no explanation 
further than to remark that the last one (No. 11) 
entirely sets at rest the idea entertained by many, 
that a member of the Grand Lodge, being a Past 
Grand Officer, within the rank set forth in section 
4, may vote both as a present member or officer, 
and also as a past officer. The only possible 
cumulative voting is where a Grand or Past Grand 
Officer is also the representative of a lodge. In 
that case he may vote for himself either in his 
present or past capacity, and also for the lodge he 
represents. 

§ 12. If represented by the Master or other rep- 
resentative, each lodge shall be entitled to three 
votes for any number of members less than one 
hundred, and one additional vote for each addi- 
tional fifty members exceeding the first fifty. 

We are not aware of any other Grand Lodge in 
the world where so eminently fair a system as 
this prevails. It is, as will be observed, strictly 
in accordance with the national idea of taxation 
and representation going together. 

§ 13. No person shall act in Grand Lodge as 
proxy of a lodge unless he shall have been elected 
and installed Master of a lodge, and be a member 
of a lodge under this jurisdiction, nor until there 
shall have been filed with the Grand Secretary a 
certificate of his appointment ; such certificate to 
be signed by the Master of the lodge appointing 
him, attested by its seal and the signature of the 
Secretary. 



GEAXD LODGE. 25 

Attention is called to the fact that a proxy when 
duly appointed is the representative, not of the 
officers, but of the lodge for which he is commis- 
sioned to act, and hence there is no power in an 
individual officer to create a proxy for himself. If 
the Master of a lodge entitled to representation, 
finds it necessary or convenient to absent himself 
from a session of the Grand Lodge, his powers 
revert, under section 4, to the "Wardens, in order 
of seniority, and should a]l three be absent and 
the lodge have failed to appoint a qualified proxy 
at a previous stated communication, then there is 
no power of substitution, and for the time being 
the lodge must go unrepresented. [Eefer to sec- 
tion 15 of the Statutes.] 

§ 14. None but members of the Grand Lodge 
(Grand Officers, Past Grand Officers, and repre- 
sentatives of other Grand Lodges excepted) shall 
be present at the opening of the same, or at an 
election, nor be admitted at any time, save by 
unanimous consent of the Grand Lodge. 

It is proper to remark here that the Grand and 
Past Grand Officers referred to in section 14, must 
be either of the class referred to in section 4, or 
the Grand or Past Grand Officers of some other 
recognized jurisdiction. 

§ 15. Every officer and member of the Grand 
Lodge must be a member of a warranted lodge 
under this jurisdiction. 

This section disposes of any question that might 
arise as to the eligibility to office in the Grand 



26 CONSTITUTION. 

Lodge, of any Master Mason in good standing in 
a warranted lodge, without regard to his member- 
ship in the Grand Lodge. 

ARTICLE II. 

OF THE POWERS OF THE GRAND LODGE. 

§ 16. The powers of this Grand Lodge are : 

1. Executive, 

2. Legislative, and 

3. Judicial. 

That is to say, executive in executing or causing 
to be executed by its agents, the laws it has made 
and established. 

Legislative, in the power to enact all necessary 
laws not in violation of its own Constitution and 
the ancient landmarks of the Fraternity. 

Judicial, in the exercise of its functions as a 
Masonic judicatory, either original or appellate. 

§ 17. All general governmental powers, whether 
executive, legislative, or judicial, and all powers 
necessary to enforce or carry into effect the pro- 
visions of this Constitution, are reposed in the 
Grand Lodge. 

§ 18. The judicial powers of this Grand Lodge 
may be exercised by the Grand Lodge, or dele- 
gated, and are : 

1. Original : Embracing all matters of contro- 
versy which may arise between any of the 
lodges under its jurisdiction, or the mem- 
bers of different lodges, and the enforce- 



GRAND LODGE. 27 

ment of discipline upon its own members 
and the lodges under its jurisdiction, and 
upon unaffiliated Masons. 
2. Appellate : Embracing all matters of contro- 
versy and discipline over which it has or 
has not original jurisdiction. 

This section (18) is commended to attention as 
expressly conceding that there are some matters 
of a judicial nature in which the Grand Lodge has 
not original jurisdiction. The most important of 
these are, the right of every lodge to try its own 
members, in the first instance, and, the right of 
every Mason to be tried by his own lodge, ex- 
cept where the matter in controversy is one be- 
tween himself and a member of another lodge, or 
a matter not originating in his own lodge. 

It may be remarked here, that, generally, it is 
held that a Mason being in a jurisdiction other 
than the one where his membership is held, is 
amenable to the laws of the jurisdiction where he 
may be, for any infraction of the moral or Ma- 
sonic Code ; but this is stoutly opposed by many 
on the ground that a brother has a primary and 
indefeasible right to be tried by his own lodge, 
and that New Jersey, for instance, cannot sever 
the membership of an Illinois Mason from the 
Lodge in the last named State to which he belongs. 
We incline to the view first named because the 
general interest and good name of the Fraternity 
are of more importance than the place where Ma- 
sonic justice may be administered. 



CONSTITUTION. 



AETICLE III. 

OF MASONIC LAW AND STATUTES. 

§ 19. The action of Freemasons in their Grand 
or subordinate lodges, or in their individual char- 
acter, is regulated and controlled : 

1. By Ancient Landmarks; or, the unwritten 
law of Masonry; 

2. By Written Constitutions, and General or 

Special Legislation ; and 

3. By Usages ; Customs, Rules, Edicts, Reso- 

lutions, and lawful judicial action. 

§ 20. The Ancient Landmarks are those princi- 
ples of Masonic government and polity which are 
the only part of Masonic law or rule of government 
that may never be altered or disturbed, and such 
of them as are lawful to be written are usually, 
but not wholly, engrafted in written Constitutions 
and General or Special Legislation. 

The question, " What are the Landmarks ? " here 
naturally arises, but up to this time we have not 
found any two authorities who agree in the answer. 
After much study and experience we can find no 
better definition than the following written by us 
many years ago : 

"We assume those principles of action to be 
Landmarks which have existed from time imme- 
morial, whether in the written or unwritten law ; 
which are identified with the form and essence of 
the society ; which the great majority agree can- 
not be changed, and which every Mason is bound 



GKAND LODGE. W 

to maintain intact under the most solemn and in- 
violable sanctions." 

A patient application of the foregoing to any as- 
sumed Landmark or to a real one will enable the 
inquirer to come near enough to the truth for all 
practical purposes. 

§ 21. Constitutions are those written compacts 
or laws adopted by Freemasons foi the govern- 
ment of a Grand Lodge and its subordinate lod- 
ges and their members — including fundamental 
provisions, constitutionally adopted, that are in- 
tended to be permanent in their character. 

§ 22. General or Special Laws, Usages, and Cus- 
toms, Rules, Edicts, and Eesolutions, are those 
Masonic rules of action adopted, by competent au- 
thority, for local or temporary purposes, admitting 
of change at convenience, and not embraced in 
Ancient Landmarks or Constitutions, and are 
herein termed Statutes. 

We call attention to the distinction made in 
Section 22 as one of great importance, as drawing 
the line between those accepted and established 
principles of Masonic law which, if not always 
Landmarks, are practically so nearly related to 
them as to make their alteration at once difficult 
and unnecessary, and those local regulations 
which are called for by circumstances, and which 
may be changed or abrogated without affecting 
the underlying principles of the institution. 

In making this distinction, to which we were the 
first to call attention, we are satisfied that our 



30 CONSTITUTION. 

Grand Lodge acted wisely, and we trust that in 
our day, at all events, there may be as little change 
as possible, for thus our system of jurisprudence 
will rest on a secure foundation, and the need for 
opinions, decisions, and constructions gradually 
disappear. 

ARTICLE IV. 

OF THE POWEES AND DUTIES OF GEAND OFFICERS. 

§ 23. The Grand Master has power : 

1. To convene any lodge within the jurisdic- 

tion, preside therein, inspect its proceed- 
ings, and require its conformity to Ma- 
sonic rules. 

2. To require the attendance of, and informa- 

tion from, any Grand Officer repecting his 
office. 

3. To suspend any elected officer of a lodge 

from the functions of his office for just 
cause. 

4. To suspend the warrant of a lodge for just 

cause until the next Annual Communica- 
tion of the Grand Lodge. 

5. In case of a vacancy in the offices of Master 

and Wardens of a lodge, to grant a dis- 
pensation for an election to fill such va- 
cancies. 

6. To grant a dispensation to a lodge to elect 

or install its officers, when such lodge 
may have failed to elect or install its offi- 
cers at the proper time. 

7. To grant a dispensation for a new lodge, 

under the restrictions of the Constitution 



GRAND LODGE. 31 

and on the petition of at least seven 
Master Masons. 

8. To grant such other dispensations as may 

be applied for in accordance with the 
Constitution. 

9. To appoint Representatives of this Grand 

Lodge near other recognized Grand Lodg- 
es, and to receive and accredit Repre- 
sentatives of other recognized Grand 
Lodges near this Grand Lodge. 

10. To appoint such officers as may be re- 

quired under this Constitution. 

11. To do such other things as are inherent in 

and pertain to his office, and are not in 
conflict with this Constitution. 

§ 21. It is the duty of the Grand Master : 

1. To preside in the Grand Lodge. 

2. To exercise all the executive functions of 

the Grand Lodge when it is not in session. 

Whoever will carefully study the powers and 
duties of the Grand Master as set forth in the two 
foregoing sections (23 and 21) will see that as far 
as the Grand Lodge of New York is concerned 
those mythical prerogatives of the Grand Master, 
which, for so many years, we have been taught to 
regard as the " inalienable prerogatives of his of- 
fice," are not recognized. These powers, popular- 
ly held to descend to him from his predecessors, 
were supposed to enable him in his discretion to 
soar above and beyond any written Constitution 
or regulation of the Grand Lodge ; the averment 
being that Grand Masters existed before Grand 



32 CONSTITUTION. 



Lodges, and that hence the inherent powers of the 
office could not be altered by legislation. Under 
this view it was held that the Grand Master, by 
virtue of the high power and authority in him 
vested, might, at his pleasure, make any profane a 
Mason. In time this came to be modified by the 
addition of the words "in a regular lodge," and 
now it is disputed altogether, for reasons which 
will appear further on. 

Again, it has long been held and to this day is 
still held in various Grand Lodge jurisdictions, 
that a lodge under dispensation, is simply a com- 
mittee appointed by the Grand Master, in his dis- 
cretion, to make Masons, that it cannot have a seal, 
admit members or frame a code of by-laws, because 
the Grand Master may, at his pleasnre, recall the 
dispensation at any moment. 

Assuming this to be true, then, a Grand Master, 
desiring to make a Mason at sight, need only issue 
his dispensation, creating a new lodge, summon 
the members, and then, by a further exercise of 
the dispensing power, set aside the requirement for 
a petition, investigation and ballot, and proceed to 
confer the degrees, or in other words, make a Ma- 
son at sight. 

Once more : a Grand Master of another jurisdic- 
tion, in his annual address before his Grand Lodge 
last year, assumed — and still maintains — that the 
inherent powers of his office enable him, when m 
his judgment the higher interests of the fraternity 



GEAND LODGE. 33 

demand it, to set aside the constitution and regu- 
lations, and proceed, of his own will, and without 
regard to them, the case calling for those remarks 
being where the nearest lodge refused to give its 
consent to the establishment of a new lodge. 

The foregoing are simply different phases of one 
question, which, it will be found, turns on a very 
simple pivot when we come to look into it. 

Masonry certainly existed previous to the re- 
vival of 1717, or else there could have been no re- 
vival of that which did not exist ; but previous to 
that time there were neither Grand Lodges, nor 
warranted lodges, nor lodges under dispensation. 
Lodges certainly existed, but they had no element 
of permanency, save perhaps the custom of meet- 
ing at some designated place. 'When it was deem- 
ed necessary to hold a lodge, the requisite number 
of brethren, having previously obtained the sher- 
iff's permission, assembled, transacted their busi- 
ness, and dissolved, so to speak, for when they 
left the room the lodge had ceased to exist, and 
had not, nor could it have, any relation to the next 
one. But when the first Grand Lodge was formed, 
all the brethren, gentle and simple, surrendered to 
it a portion of their personal rights in order that, 
as in all governments, the general interests of the 
whole Fraternity might thereby be promoted. The 
Grand Lodge thus empowered, decided that thence- 
forward lodges must have regular warrants from 
and under its authority, and lodges thenceforward 



34 CONSTITUTION. 

were subjects of law. When the first Grand Mas- 
ter was elected to preside over the Grand Lodge, 
he, too, became subject to the law, and by his ac- 
ceptance of the office, gave up all claim he may 
have imagined himself possessed of to override, 
or set aside the Constitution. 

Lodges under dispensation are an American 
specialty, are the creatures, not of the Grand Mas- 
ter, but of the regulations to that effect made and 
provided by the Grand Lodges. The discretion of 
the Grand Master is, whether he will or will not 
grant a dispensation applied f or ; if he does grant 
it, he must first be convinced that all the require- 
ments have been first complied with, or else the 
Grand Lodge could not grant the subsequent war- 
rant without itself becoming a law-breaker. So, 
too, the Grand Master may, in his discretion, re- 
call a dispensation, but it is evident that in so 
doing he must have sufficient cause, or else he 
could hardly expect the Grand Lodge to approve 
his act. 

So also in the case of making a Mason at sight. 
There is not a word of written law to show that 
the Grand Master ever had the power to take a pro- 
fane into a room and declare him a Mason ; hence, 
if the power is exercised at all, it must be in a regu- 
lar lodge. But this involves the setting aside of 
the positive law requiring a petition, committee, 
and ballot, and as the Grand Master can only es- 
tablish a Lodge in accordance with the provisions 



GEAND LODGE. 35 

of the law, so, too, he can only work or permit 
others to work in a lodge under the same sanctions. 

This leads us to the conclusion that the Grand 
Master, like all Masons under his 3 urisdiction, is 
bound by the terms of the Constitution, and except 
where the power is specially given him in the in- 
strument itself, has no power whatever to set aside 
the provisions. He may expound the law, but he 
must maintain it. 

The Grand Lodge decided in 1875, " That there 
is no inherent right in the Grand Master to grant 
a dispensation to a lodge to confer a degree at an 
interval less than that fixed by the statutes of the 
Grand Lodge. 

§ 25. In case of the death, absence, or inability 
of the Grand Master, or of a vacancy in his office, 
the Deputy Grand Master, Senior Grand Warden, 
and Junior Grand Warden will in succession as- 
sume his prerogatives, powers, and duties, for all 
purposes. 

§ 26. The Deputy Grand Master has power to 
discharge such executive functions of the Grand 
Lodge as may be delegated to him by the Grand 
Master, and such duties as may be imposed by 
this Constitution. 

The office of Deputy Grand Master is purely an 
emanation of the Regulations of 1721, previous to 
which time it did not' exist, and that the Grand 
Lodge considers it merely formal, to be used in 
case of need, is evident from the foregoing, and 
from the fact, that practically he has less author- 



36 CONSTITUTION. 



ity than the District Deputies. In England the 
Deputy always has been, and still is, appointed by 
the Grand Master, and we incline to the opinion 
that such ought to be the practice here. 

§ 27. It shall be the duty of the Grand Wardens 
to assist in the affairs of the Grand Lodge, and 
diligently to endeavor to preserve the Ancient 
Landmarks throughout the jurisdiction. 

§ 28. It shall be the duty of the Grand Treas- 
urer: 

1. To take charge of all the funds, property, 

securities, and vouchers of the Grand 
Lodge, depositing the same in some de- 
pository to be approved by the Grand 
Master, in the name of the Grand Lodge, 
payable on his order as Grand Treasurer. 

2. To pay all orders duly drawn under general 

regulations or special directions of the 
Grand Lodge, and certified by the Grand 
Secretary. 

3. To attend on the Grand Lodge or its presid- 

ing officer, when required, with the books 
and all documents relating to his office; 
and, when required, the meeting of any 
Committee whose duty it may be to act in 
relation to the fiscal concerns of the Grand 
Lodge. 

4. To report annually to the Grand Lodge the 

amount of his receipts and expenditures 
by items, and from whom and when re- 
ceived, and to whom and when paid, and 
the amount of securities in his hands for 
funds invested by the Trustees of the Per- 
manent Fund. 

5. To execute and file with the Grand Master 

an official bond, with sureties, and in an 



GRAND IiODGE. 37 



amount to be approved by the Grand Mas- 
ter or Deputy Grand Master, at the com- 
mencement of each term of office, and 
to be renewed, as to amount or sureties, 
whenever required by the Grand Master, 
conditioned that he will pay or deliver on 
demand to the Grand Lodge, or to his suc- 
cessor in office, all funds and property of 
the Grand Lodge that shall come to his 
hands as Grand Treasurer and remain un- 
expended ; and, 
6. To pay and deliver, at the expiration of his 
term, to his successor in office, or such 
person as shall be designated by the Grand 
Lodge, all moneys, securities, evidences of 
debt, books, writings, and property of the 
Grand Lodge under his control, with all 
proper assignments when necessary. 

§ 29. It shall be the duty of the Grand Secretary : 

1. To record the transactions Of the Grand 

Lodge. 

2. To register all initiates and members of 

Lodges under this jurisdiction returned 
to him for that purpose, with the particu- 
lars set forth in such returns. 

3. To receive, duly file, and safely keep all 

papers and documents of the Grand Lodge. 

4. To sign and certify all instruments from the 

Grand Lodge. 

5. To receive and keep a proper account of all 

moneys of the Grand Lodge, with date of 
their receipt, and pay over the same 
promptly to the Grand Treasurer, taking 
his receipt therefor. 

6. To report annually to the Grand Lodge the 

amount of money received by him, by 
items and dates, and the specific sources 



I CONSTITUTION. 

from which it was received; also the 
lodges that have neglected to render 
proper returns of their elections, mem- 
bers and dues, and such general informa- 
tion as to the state of the lodges as may 
be proper for the information or action of 
the Grand Lodge. 

7. To conduct the correspondence of the Grand 

Lodge, under the direction of the Grand 
Master, and in a Masonic manner. 

8. To attend, with any books, papers or writ- 

ings under his control, or in his custody, 
on all meetings of the Grand Lodge, and 
whenever required by the Grand Master 
or Deputy Grand Master, on the requisi- 
tion of the Grand Master ; and also to at- 
tend upon the Grand Master or Deputy 
Grand Master, on Masonic business, when 
required. 

9. To keep his office open, for the transaction 

of Masonic business, at least five hours 
each day, except Sunday, of which public 
notice shall be given. 

10. To transmit to the several Grand Lodges, in 

correspondence with this Grand Lodge, a 
certificate of the election of Grand Officers, 
immediately thereafter, containing their 
signatures, respectively, and authenticated 
under his hand and seal of the Grand 
Lodge, with a request for a similar docu- 
ment from each of said Grand Lodges. 

11. To notify each of the lodges, in any Masonic 

District, of the appointment of a District 
Deputy Grand Master for that District, and 
to furnish each District Deputy Grand 
Master with a list of the lodges in his Dis- 
trict, and to furnish blank forms for the 



GBAND LODGE. 39 

annual statements of District Deputy 
Grand Masters. 

12. To prepare Forms of Begistxy and Returns 

of the Elections, blanks for Tabular state- 
ments of District Deputy Grand Masters, 
and Certificates of the Appointment of 
Proxies, in accordance with the Constitu- 
tion, and to furnish two copies of .each to 
each lodge annually. 

13. To keep an Alphabetical Register of all re- 

jections officially reported to him from • 
lodges, specifying the date of such rejec- 
tion, the age, occupation, and residence of 
the person rejected, and such other infor- 
mation as may be embodied in such re- 
ports, together with the name and number 
of the lodge from which received, and at 
all proper times to furnish the free inspec- 
tion of said Register to all Master Masons 
in good standing. 

§ 30. It shall be the duty of the Grand Chaplains 
to attend the Grand Lodge and to conduct its relig- 
ious services. 

§ 31. It shall be the duty of the Grand Marshal, 
Grand Standard Bearer, Grand Sword Bearer, 
Grand Stewards, Grand Deacons, Grand Pursui- 
vant, and Grand Tyler to perform such duties as 
pertain to their offices. 

§ 32. It shall be the duty of the several Officers 
of the Grand Lodge, in addition to the duties here- 
in specially mentioned, to perform such other 
duties appertaining to their offices as shall, from 
time to time, be directed by the Grand Lodge, or 
Grand Master, under the provisions of this Con- 
stitution. 



40 CONSTITUTION. 



ARTICLE V. 

MASONIC DISTRICTS AND THE POWERS AND DUTIES 
OF DISTRICT DEPUTY GRAND MASTERS. 

§ 33. The existing Masonic Districts shall re- 
main as now organized, subject to alterations by 
the Grand Lodge at any Annual Communication. 

§ 34. Every District Deputy Grand Master shall 
be well skilled in the Standard Work of the three 
degrees of Ancien Craft Masonry, and in the cus- 
toms and usages of the Craft ; he shall be a Master 
or Past Master, and a member in good standing 
of some lodge in the District for which he is 
appointed, and shall receive a warrant of his 
appointment, signed by the Grand Master and 
attested by the Grand Secretary. 

§ 35. Each District Deputy Grand Master shall 
have power, and it shall be his duty : 

1. To appoint Commissioners to hear and de- 

termine matters of controversy that may 
arise in his District. 

2. To visit officially every lodge in his Dis- 

trict, at a stated or special communica- 
tion thereof, at least once during his 
term, if practicable; and all necessary 
expenses incurred by him, while in the 
discharge of this duty, shall be paid by 
the lodge so visited. 

3. To preside in each lodge upon the occasion 

of his official visit after it is opened ; to 
examine its books and records, and see if 
they are properly kept ; to inform himself 
of the number of members, and the punc- 
tuality and regularity of their attend- 
ance ; to ascertain the state and condition 



GRAND LODGE. 41 



of the lodge in all respects ; to point out 
any errors he may ascertain in their con- 
duct and mode of working ; and to in- 
struct them in every particular wherein 
he shall find they may require or may 
desire information, and particularly to 
recommend attention to the moral and 
benevolent principles of Masonry, and 
caution in the admission of candidates ; 
to determine and order in what cases a 
member, alleged to have been illegally 
stricken from the rolls, rendered unaffili- 
ated, or suspended for non-payment of 
dues only, shall be restored to the rolls 
or re-instated ; and if he discover in his 
District any Masonic error or evil, to en- 
deavor to immediately arrest the same by 
Masonic means, and, if he judge it expe- 
dient, to specially report the same to the 
Grand Master. 

4. To receive and secure the funds and prop- 

erty of any dormant or extinct lodge in 
his District. 

5. To prepare, on blanks to be furnished by 

the Grand Secretary, a statement in tabu- 
lar form, of the condition of each lodge 
in his District for the year ending on the 
first day of May, in each year, and trans- 
mit such statement to the Grand Secre- 
tary, to be by him laid before the Grand 
Lodge. 

6. To prepare a report for the year ending on 

the first day of May, in each year, on the 
general condition of Masonry in his Dis- 
trict, and of his acts therein, with such 
particulars as he may deem necessary, 
and transmit such report to the Grand 



42 CONSTITUTION. 

Master on or before the fifteenth day of 
May, in each year. 
7. To perform such other services and execu- 
tive duties as may be deputed or intrusted 
to him by the Grand Master or by the 
Grand Lodge. 

This office, though admittedly of modern origin, 
has* been found of eminent service in lightening 
the responsibilities and labors of the Grand Master 
and in facilitating the business of the lodges. The 
District Deputy is strictly governed by the rules 
laid down in the Constitution, and has no power 
beyond them. 

We take great pleasure in testifying that those 
brethren who have held the office in this State 
have deserved well of the Craft for their discre- 
tion, energy, and devotion to duty. 

AKTICLE VI. 

OF WOEK AND LECTUEES. 

§ 36. The Grand Lecturer shall be a Master or 
Past Master, of Masonic skill and learning, and 
shall have power to appoint one or more compe- 
tent assistants in each judicial district of this 
State. 

§ 37. It shall be the duty of the Grand Lecturer 
and his assistants to impart the Standard Work 
and Lectures approved and determined by the 
Grand Lodge, to the lodges or brethren in this 
jurisdiction, in such manner as the Grand Lodge 
may prescribe. 



GRAND LODGE. 43 

§ 38. Every Lodge shall adopt and practice the 
Standard of Work and Lectures imparted by the 
Grand Lecturer or Assistant Grand Lecturers, and 
no other ; and any lodge violating this provision, 
without express authority from this Grand Lodge, 
shall be subject to punishment. 

§ 39. Any Freemason not duly authorized, who 
shall impart any Work or Lectures, except in the 
instruction of an actual candidate, shall be subject 
to discipline ; but this shall not apply to the Mas- 
ter or Wardens of a lodge, or any Present or Past 
Master, or competent brother invited by them. 

Stringent as the foregoing provisions appear on 
the surface, they have been found little onerous in 
practice. No case of discipline for lack of observ- 
ance has ever yet occurred, the Grand Lodge and 
its officers apparently deeming it wiser to trust to 
time and the general disposition to follow the 
fashion, for the establishment of the Standard 
Work, rather than to harsh measures. 

The result has unquestionably been all and more 
than was anticipated ; still it is a question whether 
it is well, in the interests of correct discipline, to 
have on the statute-book a law which any one may 
disregard with impunity. That this law has been 
so largely observed is a compliment rather to the 
general respect for law than to the vigor of execu- 
tive authority. 

AKTICLE VII. 

OF REVENUE AND FUNDS. 

§ 40. The revenue of this Grand Lodge shall be 
derived from the following sources : 



44 CONSTITUTION. 

1. For every dispensation to form a 

new lodge $100 00 

2. And if a Warrant shall be afterward 

granted, the additional sum of . . . 20 00 

3. For every Grand Lodge Diploma.. 2 00 

4. For every Grand Lodge Traveling 

Certificate 50 

5. For every person initiated into a 

lodge 3 50 

$3 whereof shall be appropriated 
to the increase of the Hall and 
Asylum Fund. 

6. For the adjoining fee of every Mas- 

ter Mason, and also every E. A. 
or F. C, from without the juris- 
diction 50 

7. For registry fee of every adjoining 

member or Entered Apprentice 

made 25 

8. Every lodge shall pay for each of its 

members, annually 50 

9. Every lodge shall pay for each of its 

members, annually, forthe period 

of five years 50 

which shall be appropriated to the 
Hall and Asylum Fund. 

§ 41. Every lodge shall pay a full year's dues on 
all members embraced in its last previous return, 
but no dues for members made or affiliated during 
the year for which the return is made. 

§ 42. The management of the permanent funds 
is vested in a Board of Trustees, denominated 
the Trustees of the Permanent Fund, consisting of 
the Grand Master, Deputy Grand Master, Grand 
Wardens and Grand Secretary, and all the invested 
funds of the Grand Lodge shall be placed under 
the management and stand in the names of the 



GRAND E0DGE. 45 



said Trustees, whose duty it shall be to take the 
best measures for the security and increase of 
said funds, and to invest from time to time, as a 
majority may decide upon, all money which shall 
come into the hands of the Grand Treasurer, after 
paying salaries, representatives and rent, and after 
leaving in his hands, for charitable and contingent 
purposes, such sum as the Grand Lodge may, from 
time to time, direct. The said Trustees shall de- 
posit in the hands of the Grand Treasurer the se- 
curity and vouchers of the said invested funds, 
and shall not have the power to appropriate any 
part of the invested fund without a vote of the 
Grand Lodge at the Annual Communication. 

§ 43. The accounts of the Grand Treasurer and 
Grand Secretary shall be examined, and the items 
compared with the vouchers quarterly, by a dis- 
creet Committee of three Brethren — Past Masters, 
Masters, or Wardens — from different lodges, to be 
appointed by the Grand Master or the Deputy 
Grand Master, and such Committee shall make 
and certify their report to the officer appointing 
them. 



AETICLE VIII. 

OF SALARIES OP OFFICEES AirD THE PAT OP REP- 
RESENTATIVES. 

§ 44. The Grand Treasurer, Grand Secretary, 
Grand Lecturer, Grand Pursuivant, and Grand 
Tyler shall each receive such stated compensation 
for his services as the Grand Lodge shall direct, 
which compensation shall be fixed before said offi- 
cers or any of them are elected or appointed, and 
shall not be altered at any time so as to affect the 
incumbent in office. 



46 CONSTITUTION. 



ARTICLE IX. 

OP WARRANTED LODGES. 

§ 45. A warranted lodge consists of a Master, 
a Senior Warden, a Junior Warden, a Treasurer, a 
Secretary, a Senior Deacon, a Junior Deacon, a 
Tyler, and as many members as may be convenient, 
congregating and working in pursuance and by 
virtue of a warrant held under the authority of a 
Grand Lodge having lawful jurisdiction over it. 

§ 46. The powers, duties, and privileges of a 
warranted lodge under this jurisdiction are such 
as are defined by its warrant, by the Constitution 
of this Grand Lodge, and the Ancient Landmarks. 

They are divided into : 

1. Executive : The Master has the primary ex- 

ecutive power of the lodge. 

2. Legislative : Over all matters relating to its 

internal concerns, not in'derogation of the 
Ancient Landmarks, the Constitution of 
this Grand Lodge, or of its own particular 
By-Laws. 

3. Judicial : In the exercise of discipline and 

the hearing and determining of contro- 
versies. 

It is quite clear that a subordinate lodge has no 
authority to settle controversies, except among its 
own members ; still it would have been better had 
this fact been more explicitly stated. It will, of 
course, be understood that the Executive, Legis- 
lative, and Judicial functions of a lodge relate en- 
tirely to its own concerns. 



GBAND LODGE. 47 



AKTICLE X. 



OF THE DISSOLUTION OF LODGES, AND SURREN- 
DER OF AND FORFEITURE OF WARRANTS. 

§ 47. A lodge can be dissolved only by the sur- 
render or forfeiture of its warrant. 

§ 48. The warrant of a lodge can be surrendered 
only when there cannot be found among its mem- 
bers seven brethren, duly qualified, desirous of 
retaining the same. 

§ 49. A lodge may forfeit its warrant by : 

1. Contumacy to the authority of the Grand 

Master or Grand Lodge. 

2. Departure form the original plan of Ma- 

sonry and Ancient Landmarks. 

3. Disobedience. to the Constitution or Laws. 

4. Ceasing to meet for one year, and 

5. Neglecting to make returns and pay dues 

for two years. 

§ 50. No warrant of a lodge can be declared for- 
feited except upon charges regularly made in 
Grand Lodge, at its Annual Communication, of 
which charges due notice shall be given to the 
lodge, and an opportunity afforded of being heard 
in its defense. 

§ 51. The surrender of a warrant, when ap- 
proved, or the forfeiture of a warrant, when de- 
clared by the Grand Lodge, shall be conclusive 
upon the lodge and its members, and all the prop- 
erty of the lodge shall become the property of, and 
must, on demand, be surrendered to the Grand 
Lodge, or its authorized agent, by the person or 
persons having its custody. 



48 CONSTITUTION. 



§ 52. The warrant of a lodge may be suspended 
by the Grand Lodge or Grand Master at any time, 
upon proper cause shown ; which suspension, when 
made by the Grand Master, shall not extend be- 
yond the the next Annual Communication of the 
Grand Lodge. 



ABTICLE XL 

DISPENSATIONS FOR NEW EODGES. 

§ 53. No dispensation to form a new lodge in 
the State of New York shall be issued without the 
recommendation of all the lodges whose jurisdic- 
tion would be affected by such new lodge, except 
in cities ; nor in any city except upon the recom- 
mendation of at least a majority of all the lodges 
in such city, unless such city shall consist of more 
than one Masonic District, in which case the con- 
sent of a majority of the lodges in the District in 
which it is sought to locate such new lodge shall 
be sufficient ; nor within three months next pre- 
ceding an Annual Communication, nor without the 
certificate of a warranted lodge, whose jurisdiction 
would be affected by such new lodge, that the pro- 
posed Master and Wardens of such new lodge have 
exhibited their work in the three degrees of Ancient 
Craft Masonry in said warranted lodge, and that 
such proposed Master and "Wardens are well 
skilled in the said work, and are competent to 
confer said degrees and impart the lectures there- 
of, and that all of the petitioners for such dispen- 
sation are in good Masonic standing ; nor without 
a good and sufficient certificate that each of the 
affiliated petitioners for such dispensation has 
paid all his dues to the warranted lodge of which 
he is a member, nor unless the certificate of dimis- 



GRAND LODGE. < 49 

sion, or its equivalent, of each of the unaffiliated 
petitioners accompanies such petition. 

For the application of this law, and the details 
thereof, see Article XIX. of the Statutes. 

ARTICLE XII. 

OF MEMBERSHIP. 

§ 54. Membership in a lodge shall only be ac- 
quired by a brother in the manner following : 

1. By having been named one of the persons 

to whom was granted the Dispensation 
or warrant under which the lodge is con- 
stituted. 

2. By having been accepted by the lodge as a 

candidate, and afterward having received 
the third degree. 

And every brother receiving that degree 
shall be deemed a member of the lodge 
by which he shall have been accepted (if 
it shall then exist) and it shall be his 
duty, immediately after receiving such 
degree, to sign the By-Laws of such lodge. 

3. An Entered Apprentice or Fellow Craft 

made by a lodge which shall have ceased 
to exist, may apply to any lodge within 
the jurisdiction of which he resides for 
the remaining degrees or degree ; and, if 
the lodge accept his application, shall be- 
come a member of such lodge, and sign 
its By-Laws on receiving the third degree ; 
and, 

4. By regular affiliation ; but no Master Ma- 

son shall become a member of a lodge 
other than that in which, or at the re- 
quest, or upon the consent of which, he 



50 CONSTITUTION. 



received the third degree, unless it shall 
appear that he is non-affiliated and not 
indebted to any lodge for dues or assess- 
ments, and that no charges of unmasonic 
conduct are pending against him. 

The application of this article will be more ap- 
parent when we come to the Statutes bearing on 
the case. 

AKTICLE XIII. 

OF CANDIDATES. 

§ 55. No lodge shall initiate a person except 
upon his petition, and no petition for initiation 
shall be received by a lodge unless the petitioner 
shall have in such petition answered in writing the 
questions prescribed in the Statutes. 

§ 56. A lodge shall not initiate any person with- 
out clue inquiry into his character, nor without 
being satisfied, in a Masonic manner, that he has 
not been previously rejected. If it shall be ascer- 
tained that a person, being a petitioner for initia- 
tion, has been rejected, then no lodge shall initiate 
him until the expiration of six months after such 
rejection, nor without the permission of the lodge 
that rejected him, expressed by a majority vote, if 
such lodge exist. 

The following decisions relate to section 56 : 

20. The duty of a member of a Committee ap- 
pointed to investigate the fitness of a candidate 
for Masonry, does not require him to ascertain the 
special religious views of a candidate. If a pro- 
fane is desirous of entering our Institution, it is 
sufficient if he comes a worthy man, well qualified, 
intellectually, morally, and physically. 



GRAND LODGE. 



Masonry neither reciprocates nor retaliates the 
harshness of bigotry or sectarianism. The whole 
matter of admissibility is left to the conscience of 
the applicant and to the brethren to whom he 
makes application. — Trans. 1876, p. 31. 

59. That the physical qualifications of a candi- 
date for Masonry cannot be determined by the 
Grand Master. The Grand Master cannot issue a 
dispensation allowing a lodge to disobey a land- 
mark of Masonry. Whether a candidate is such 
"a hale man, sound, not deformed or dismem- 
bered," as the landmarks of Masonry prescribe 
to be eligible material for the temple, is a question 
that must be settled by the conscientious judgment 
of the Master, and each brother of the lodge. If 
the Master of a lodge is not satisfied, after thor- 
oughly and scrupulously considering the matter, 
that the candidate is such a man, it will be his 
duty to reject him. — Trans. 1875, p. 35. 

Consult Art. XXV. of the Statutes. 

§ 57. A ballot for each degree is an undeniable 
right whenever demanded, and if after a candidate 
has been accepted, and before he has been initi- 
ated, a new ballot be demanded, it must be taken, 
and if such ballot result in a rejection, it shall 
have the same effect as. if it had occurred when 
such candidate was accepted ; and if, after a can- 
didate has been initiated, any member shall de- 
mand a ballot upon the advancement of the candi- 
date, and such ballot result in a rejection, the 
candidate may again apply for advancement at any 
subsequent Stated Communication of the lodge, 
the application must lie over at least to the next 
Stated Communication, and a clear ballot must be 
had before the candidate can be advanced. But 
no written or verbal objection, except as above 



52 CONSTITUTION. 

stated, shall have the effect to reject the applica- 
tion of a candidate. 

Like the two foregoing articles, the details of 
this will be more fully considered in the Statutes, 
but attention is here invited to the fact that the 
candidate must petition for himself and not 
through another, and the questions presented 
(see Statutes) must be answered by him in writing, 
and hence, that one who cannot write is debarred 
the privileges of Masonry, because he cannot com- 
ply with the constitutional requirement. 

Again, section 57 specially provides that a can- 
didate after having been accepted cannot be 
stopped by any merely verbal or written objec- 
tion, but only by a ballot when demanded, which, 
it is very properly ordered, has just the same effect 
as an original objection and no more. 

The following decisions of the Grand Lodge are 
pertinent to this section : 

8. A demand for a ballot may be made at any 
time, but after a candidate has received the first 
degree, an adverse ballot will defer his advance- 
ment only until a subsequent communication of 
the lodge, when he may present himself, and after 
a clear ballot may be advanced ; provided, that the 
balloting be postponed as provided in section 57 of 
the Constitution.— Trans. 1876, p. 111. 

9. If the Master of a lodge has begun the work 
of conferring a degree and a brother has reason to 
object to the initiation or advancement of the can- 
didate, his proper course is to state to the Master 



GRAND LODGE. 53 

that he has an objection, and it will rest with the 
Master whether he will proceed or not. — Trans. 
1876, p. 30. 

14. That where a candidate presented himself 
for the second degree and was stopped by an ad- 
verse ballot : afterwards the brother who de- 
manded the ballot, "removed his objection," it 
was necessary for a clear ballot to be had before 
the candidate could be advanced. — Trans. 1875, 
p. 31. 

15. That it is a well-established principle of Ma- 
sonic law that the individual responsibility, in the 
acceptance or rejection of a candidate for Masonry, 
cannot be delegated or transferred. A brother 
cannot cast a blackball by proxy. 

16. That the Master of a lodge has a right to 
expect, and it shall be the duty of those who are 
opposed to the advancement of a brother, to be 
present at the communication of the lodge and 
demand a ballot. 

17. That a brother's ballot on a petition for ini- 
tiation or affiliation, or the motives thereof, must 
not, under any circumstances, be questioned, ex- 
cept in the case provided in section 65 of the 
Statutes. 

18. That although a degree in Masonry may be 
conferred at a special communication of a lodge, 
such a course would be manifestly improper, un- 
less, at the previous regular communication, the 
Master shall have signified his intention so to do, 
and shall have given an opportunity for a ballot to 
be demanded. 

19. That if it has been announced to a profane 
that his petition for initiation has been accepted 
in a lodge, and a new ballot is subsequently spread, 



54 CONSTITUTION. 



by which he is rejected, there is no impropriety in 
announcing to him the fact and its effect, provided, 
that it be by the Master or Secretary only. 

20. Question. — "A candidate was balloted for and 
declared rejected by the Master. A motion was 
made for another ballot. It was granted and re- 
sulted * clear ' (none having left the lodge mean- 
time). Was the action of the lodge and of the 
Master legal, or must the candidate be regarded 
as rejected material? " 

Ans. — The candidate, having been declared re- 
jected, "no lodge shall initiate him until the expi- 
ration of six months after such rejection," (Sec- 
tion 56, Constitution) "and then only on a new 
petition of the candidate." (Section 53, Statutes.) 
The action of the lodge was illegal and void. 

21 That a ballot for initiation may be demanded 
at any communication, whether the candidate ap- 
pears for his degree or not ; and it will be effect- 
ive if adverse, to keep the applicant out of Ma- 
sonry, until consent shall be given to another 
lodge to confer the degrees, or until, after the ex- 
piration of six months, a second petition shall be 
accepted ; unless, prior to the demand for a ballot, 
the applicant shall have been proposed and initi- 
ated in another lodge having concurrent jurisdic- 
tion. 

22. That when a ballot is demanded on the peti- 
tion of a candidate for initiation or advancement, 
it is not proper to enter on the - minutes of a 
lodge the name of the brother making the demand. 

40. That though the action of a lodge in spread- 
ing a second ballot, the first having been declared 
adverse, was irregular, and rendered the lodge 
or its Master subject to discipline, still the candi- 
date having been accepted in a regular lodge, and 



GRAND LODGE. 55 

initiated therein, is a regularly made Mason, and 
is entitled to all the rights of an Entered Appren- 
tice. There is nothing " clandestine" in his rela- 
tions to Masonry or to his lodge. 

53. That a Committee, appointed in pursuance 
of the 52d section of the Statutes of the Grand 
Lodge, must make a report, in terms "favorable" 
or "unfavorable," before a ballot shall bespread on 
the application of a candidate. — Trans. 1875, pp. 33 
and 232. 

7. When the balloting on a petition for initiation 
has been commenced, it must be completed and 
the result thereof declared. (See Sec. 58 of the 
Statutes.) The action of the Master of a ]odge in 
postponing the balloting — having once been com- 
menced in such a case — to a subsequent commu- 
nication was a grievous error, and would subject 
him to discipline. 

8. A demand for a ballot may be made at any 
time ; but after a candidate has received the first 
degree, an adverse ballot will defer his advance- 
ment only until a subsequent communication of 
the lodge, when he may present himself, and after 
a clear ballot, may be advanced ; provided, that the 
balloting be postponed as provided in section 57 of 
the Constitution. 

10. The motive of casting a ballot will not alter 
the effect of a rejection of a candidate ; but if a 
brother discloses the ballot he has cast, he may be 
disciplined therefor. (See section 65 of the Statutes.) 

11. Although there is no positive enactment lim- 
iting the Master's authority over the declaration 
of the ballot, I am strongly of opinion that no 
Master who is faithful to his obligations will allow 
a ballot to be destroyed more than once without 
declaring the result.— Trans. 1876, pp. 30, 111. 



56 CONSTITUTION. 



AKTICLE XIV. 

TRIALS AND APPEALS. 

§ 58. The Grand Lodge shall have the original 
jurisdiction to enforce the provisions of its Con- 
stitution and Statutes and to hear and determine 
charges which may be preferred against an unaffil- 
iated Mason, and all matters of controversy which 
may arise between lodges, or between a lodge and 
its Master, or between a lodge and a member or 
members of another lodge, or members of differ- 
ent lodges ; and when charges are preferred in any 
of the foregoing cases, it shall be the duty of the 
Grand Master, or a District Deputy Grand Mas- 
ter of the District in which the offense or con- 
troversy shall arise, to appoint by his warrant a 
commission, consisting of not more than five nor 
less than three disinterested brethren, who shall 
have attained the rank of Master, and shall hail 
from at least three different lodges, to hear and 
determine the same. 

§ 59. The Grand Lodge, upon the nomination of 
the Grand Master, shall appoint six Commission- 
ers, to be styled the Commission of Appeals, to 
consist of Masters or Past Masters in good Ma- 
sonic standing. These Commissioners, immedi- 
ately after their appointment, shall divide them- 
selves by lot into three classes, and certify the 
same to the Grand Secretary. The term of office 
of class number one shall expire at the end of the 
first year; of class number two, at the end of 
two years, and of class number three, at the end 
of three years ; so that there shall be at all times 
thereafter two Commissioners annually selected 
by the Grand Lodge, upon the nomination of the 
Grand Master, in place of those whose terms have 



GKAND LODGE. 57 



expired, who shall hold their office for three years. 
Vacancies for unexpired terms may be filled in 
like manner. 

§ 60. The Grand Lodge, upon the nomination of 
the Grand Master, shall appoint an additional 
Commissioner to preside in said Commission of 
Appeals, to be styled Chief Commissioner, and to 
hold office for three years. Vacancies in the office 
of Chief Commissioner for the unexpired term 
shall be filled by the Grand Master. 

§ 61. The Commission of Appeals thus consti- 
tuted shall have the same powers and duties as 
have been exercised by Committees on Appeals in 
the Grand Lodge, and shall meet at each Annual 
Communication. 

This article will be more fully understood when 
taken in connection with Articles XXVI. and 
XXVII. of the Statutes and the Masonic Code of 
Procedure, which see. 

AKTICLE XV. 

OP AMENDMENTS. 

§ 62. No amendment to this Constitution shall 
be made or have any effect until it shall have been 
proposed in Grand Lodge at its Annual Communi- 
cation in June, and been adopted by the Grand 
Lodge at the same Communication, and then 
again adopted in like manner by the Grand Lodge 
at the next succeeding Annual June Communica- 
tion — or, in addition to the adoption thereof at 
one such Annual Communication, it shall, during 
the next year succeeding, and before the next An- 
nual June Communication thereafter, be adopted 
by the affirmative vote of a majority of the lodges 



58 CONSTITUTION. 



within this jurisdiction — to take effect as soon as 
such consent is promulgated by the Grand Master. 
If any such amendment be adopted, it shall be 
appended to the published proceedings at the end 
under the caption, " Proposed Amendments to the 
Constitution," and sent with the printed proceed- 
ings to all the lodges in the jurisdiction, and no 
General Eegulation shall be adopted inconsistent 
with this Constitution, and all former written Con- 
stitutions are hereby repealed, and all General 
Eegulations and decisions heretofore made and 
adopted are also hereby repealed. 

§ 63. The Statutes may be amended at any 
Annual Communication of the Grand Lodge by a 
two-thirds vote ; provided, that notice of such pro- 
posed amendment shall have been given and the 
amendment proposed presented in writing at the 
previous Annual Communication. 



STATUTES. 



Under this head, we again remark, come all 
such matters as are local or transitory in their 
nature and bearing, or which may be altered, 
amended, or abrogated without changing the 
general principles of the Institution 

ARTICLE I. 

INSTALLATION, STYLE, AND INSIGNIA OF GRAND 
OFFICERS. 

Sec. 1. All the elected Grand Officers of the 
Grand Lodge shall be installed at the Annual 
Communication at which they shall be elected, or 
on the nearest convenient day thereafter. 

§ 2. The style of the Grand Master is Most Wor- 
shipful, of the remaining Grand Officers, Right 
Worshipful, except the Grand Pursuivant and 
Grand Tyler, whose style is Worshipful. 

§ 3. Each member of the Grand Lodge shall 
appear therein with his proper jewel and clothing. 

ARTICLE II. 

SALARIES PAT OF REPRESENTATIVES, AND DE- 
DUCTIONS. 

§ 4. In the computation of time relative to sala- 
ries of Grand Officers, the year shall be considered 
as commencing on the last day of the Annual Com- 
munication of the Grand Lodge, and such salaries 
to be paid quarterly accordingly. 



60 



§ 5. The representative from each lodge shall be 
entitled to receive his traveling expenses at the 
rates established by the proprietors of public con- 
veyances, which he shall take in coming directly 
from his lodge to the place of meeting and return- 
ing thereto, as charged by said proprietors at the 
time, and also five dollars for each day's attend- 
ance, and three dollars per day for time actually 
necessary for traveling to and from the Grand 
Lodge, not exceeding two days in going and return- 
ing. And, though he represent more than one 
lodge, he shall receive pay only for one lodge; 
nor shall he receive more than the aggregate dues 
of the lodges he shall represent. 

§6. Grand Officers, and past, elected, and in- 
stalled Grand Officers, enumerated in Section 5 of 
the Constitution, who do not receive salaries as 
such, or pay as representatives of lodges, and 
Commissioners of Appeals shall be entitled to the 
like compensation from the funds of the Grand 
Lodge. 

§ 7. Absence of a Grand Officer or representa- 
tive before the close of the Communication, for 
any cause except sickness of or calamity to him- 
self or his family, shall forfeit all claim to pay- 
ment or compensation under the two next preced- 
ing sections. 

ABTICLE III. 

ELECTIVE OFFICERS OF LODGES, HOW AND WHEN 
CHOSEN AND INSTALLED — IF NOT DONE IN TIME. 
DISPENSATION TO ISSUE— OTHER OFFICERS MAY 
BE APPOINTED. 

§ 8. The Master, Senior Warden, Junior War- 
den, Treasurer, and Secretary of a warranted 



GEAKD LODGE. 61 



lodge must be chosen annually by ballot, and by a 
majority of votes at the Stated Communication of 
such lodge next preceding the twenty-seventh day 
of December, summoned as required by the war- 
rant, and be installed on or before the next Stated 
Communication thereafter. 

Any lodge may provide for such additional offi- 
cers, to be either elected or appointed, as its By- 
Laws may prescribe. 

If, at the time prescribed, a lodge shall fail to 
elect, or within the time prescribed shall fail to 
install, its Master and Wardens, or any of them ; 
or, if having elected its Master and Wardens at 
the prescribed time, any of them shall fail or re- 
fuse to be installed within the prescribed time, 
the Grand Master may grant a Dispensation to 
such lodge to elect or to install such officer or offi- 
cers as the exigencies of the case may require. 

The Grand Lodge has approved the following 
explanatory decisions in regard to elections and 
installations in lodges : 

25. That where officers of a lodge were irregu- 
larly chosen through inadvertence, their subse- 
quent regular installation, at a Stated Comminu- 
tion, without objection, corrected the error. (De- 
cision of 1859 renewed.) 

29. That a lodge must be summoned for the an- 
nual election of officers. A Master refusing to 
summon the lodge for that purpose is liable to 
discipline, and if the election be held at a meeting 
to which the members are not summoned, it may 
be set aside for irregularity. 

35. That a Master of a lodge should be installed 
after each reelection. 

36. That it is irregular to install a Master-elect 



62 STATUTES. 



over a lodge previous to his being put in posses- 
sion of the secrets of the chair. 

37. That a member of a lodge may be installed 
by proxy in any office, of which he has signified 
his acceptance, except that of Master, in the dis- 
cretion of the installing officer. An installation 
by proxy is rendered valid by any subsequent act 
of the brother thus installed which would tend to 
show his acceptance of the office. 

38. That the ceremony of Installation must be 
performed by an Actual Master or Past Master of 
a lodge.— Trans. 1875, pp. 32, 33. 

AETICLE IV. 

QUALIFICATIONS FOE OFFICE, AND VOTING, AND 
OF DISFRANCHISEMENT. 

§ 9. Every member of a lodge in good standing 
is entitled to vote ; provided, however, that a lodge 
may enact and enforce a By-Law which will dis- 
franchise a member, at an election of officers, for 
non-payment of dues. Every voter is eligible to 
any office in the lodge except that of Master. 

We take occasion here to remark that in no 
other State within our knowledge is there such a 
law in existence, and yet it commends itself to 
approval for its eminent fairness, and because it 
is a distinct recognition of the principle that the 
payment of dues is a contract between a lodge and 
its members — the lodge agreeing to protect the 
member in his rights and privileges, conditioned 
that the member shall punctually pay his dues or 
show satisfactory cause why they should be re- 



GRAND LODGE. 63 

mitted or further time be granted ; and, secondly, 
that the election of officers of a lodge being a 
purely family matter, each lodge ought of right to 
have, and in fact does have the right, to make 
such regulations concerning both points as a ma- 
jority of its members may agree to. Hence, while 
the Grand Lodge may fix limits beyond which a 
lodge may not go, either in the matter of dues or 
elections, it is clearly in the interest of the Craft 
that each lodge or family should be allowed to 
regulate its own domestic affairs. 

§ 10. No member can be a Master of a war- 
ranted lodge unless he has previously served as an 
installed Master or Warden, except at the institu- 
tion of a new lodge. 

The source of this regulation will be found in 
the fourth of the Ancient Charges, which, it will 
be seen, requires that the brother chosen Master 
of a lodge must have previously acted as Warden. 
The proposition to waive this rule in the case of 
new lodges first appeared in 1738, and has now 
become a settled law. We none the less doubt its 
wisdom, on the ground that a new lodge needs an 
experienced brother at its head quite as much as 
an old one. 

§ 11. Membership in a lodge is necessary to con- 
stitute eligibility to office therein, except in case 
of a Tyler, who must be a member of some lodge, 
but need not be a member of the lodge for which 
he tyles. 



64 STATUTES. 

It is of no consequence, perhaps, but we pro- 
test against the modern spelling of the word Tiler. 
Our first Cerberus spelled it with a y, and if we had 
our way it should never be changed. 

AETICLE V. 

RESIGNATIONS, VACANCIES IN OFFICE, HOW AND 
WHEN SUPPLIED. 

§ 12. Neither Master nor "Warden can resign, and 
every installed officer shall hold his office until his 
successor shall have been installed, unless his 
office become vacant, as provided in the next sec- 
tion. 

§ 13. A vacancy in office in a Lodge can only 
occur : 

1. By death. 

2. By resignation of another than Master or 
Warden. 

3. By election and installation of the holder of 
such office to fill another office in the Lodge. 

4. By expulsion, or by suspension for a time 
extending beyond the next annual election, 
or by removal from office. 

§ 14. A vacancy in an elective office, except that 
of Master or Warden, may be filled by ballot at 
any Stated Communication upon full notice to the 
members. A vacancy in an appointed office may 
be filled at any time. In case the offices of Master 
and Wardens become vacant, an election can be 
held only by virtue of a Dispensation from the 
Grand Master, which is without fee, and must be 
applied for by two-thirds of the members pres- 
ent, to be so certified by the Secretary ; and in 



GRAND LODGE. 65 

case sueh election be held, the members shall be 
summoned as for an annual election, and its result 
shall be immediately reported to the Grand Secre- 
tary, and the officers dully installed. 

The provisions of this article are to be under- 
stood as applying to warranted lodges only. 

AKTICLE VI. 

PROXY REPRESENTATIVE OF LODGE IN GRAND 
LODGE, HOW AND WHEN CHOSEN. 

§ 15. A Lodge may, at a Stated Communication 
thereof, within the restrictions of Section 13 
of the Constitution, by a majority vote, appoint a 
prosy to represent it, in the absence of its Master 
and Wardens, at the next succeeding Annual Com- 
munication of the Grand Lodge. 

This will be taken as the acceptance by the Grand 
Lodge of the principle of lodge instead of individ- 
ual representation, and calls our attention to the 
fact that the certificate must issue from the lodge 
and not from an individual officer thereof. 

26. The presence of the Master of a Lodge as a 
representative at a session of the Grand Lodge va- 
cates any proxy given by the lodge for that pur- 
pose.— Trans. 1876, p. 31. 

AKTICLE VII, 

BY-LAWS OF LODGE — POWER TO MAKE, AND WHAT 
TO CONTAIN. 

§ 16. A lodge has full power and authority to 
enact By-Laws for its own government, in conform- 
ity to the Constitution of this Grand Lodge and 



66 



the principles of Masonry, and any By-Law incon- 
sistent therewith is absolutely void. 

§ 17. A lodge may, at a Stated Communication, 
when summoned for the purpose, and on notice, 
tax or assess its members for strictly Masonic 
purposes, but for no other. 

Questions frequently arise touching the right of 
lodges to levy assessments, the difficulty general- 
ly being that whatever the cause leading a lodge 
into debt, the cure is always sought in an assess- 
ment. "When we reflect that furnishing or refitting 
Lodge Halls, costly regalia, excursions, banquets, 
etc., are not strictly Masonic purposes, there will 
be little trouble in rightly understanding the law. 

The Grand Lodge decides : 

5. A lodge may levy assessments only on extra- 
ordinary occasions, and when so levied it is not 
(so have been the decisions) to be regarded as dues. 
A failure to pay such an assessment is a failure to 
perform a Masonic duty, punishable on charges 
and by trial.— Trans. 1876, p. 29. 

50. Where a lodge passed a By-Law, which pre- 
scribed that "a brother, who shall have been a 
faithful member of his lodge in good standing for 
ten years consecutively, shall be a privileged 
member, entitled to all benefits of the lodge, by 
paying Grand Lodge dues only," and a member of 
the lodge had complied with all the provisions of 
said law, after which the lodge rescinded the By- 
Law. Held that the brother could not be com- 
pelled to pay dues to his lodge other than 
Grand Lodge dues. 

This applies only to annual dues and not to other 



GBAND LODGE. 67 

extraordinary assessments for Masonic purposes. 
— Trans. 1875, pp. 34, 232. 

6. An amendment was offered to the By-Laws 
of a lodge. Under those By-Laws it was '• offered 
in writing, read before the lodge and laid over for 
two weeks, and the members notified of the pend- 
ency of the amendment." At the communication 
to which it is laid over it is properly before the 
lodge for action. The writing, reading, laying over, 
and notification of members were all for the pur- 
pose of preventing surprise or hasty action. At 
the subsequent meeting it may be thoroughly dis- 
cussed and modified in any particular, not in con- 
flict with the general intent of the notice previously 
given. For instance, if an alteration of the By- 
Laws of a lodge is proposed, fixing the dues at a 
certain amount, it is competent for the brethren 
on the night when action is to be taken (under the 
provisions above stated) to reduce or increase the 
amount named in the original amendment, with- 
out further delay or notice to the brethren. It is 
a fair presumption that ''opportunity for reflec- 
tion" was afforded in the first instance, and that 
the brethren having had notice of the proposed 
change have studied the subject in all its bearings, 
and are prepared, when they come to act on the 
proposed amendment, to discuss : 

Firstly, Whether an alteration of the law should 
be made ; and, 

Secondly, The best change to make, and to settle 
the matter then and there. — Trans. 1876, p. 29. 

ARTICLE TILL 

VISITATION OF DODGES BY BBETHBEN BEGUDATED. 

§ 18. No visitor can be admitted into any lodge 
without due inquiry and satisfaction as to his good 



68 



Masonic standing ; nor can he be admitted if his 
admission will disturb the harmony of the Lodge 
or embarrass its work. 

ARTICLE IX. 

PRECEDENTS OF LODGES, CHANGING LOCATION, 
SEAL, AND BOOKS, AND PENALTY FOR FAILURE 
TO WORK FOR ONE TEAR. 

§ 19. Lodges shall take precedence according to 
the order in which they stand upon the Eoll of the 
Grand Lodge. 

§ 20. A lodge may not remove its place of meet- 
ing from the town, village, city, or portion of a 
city named in its warrant, nor from one place to 
another in such town, village, city, or portion of a 
city, without a concurrent vote of two-thirds of the 
members present, and voting at a Stated Commu- 
nication, to attend which they shall have been re- 
quired by a summons, served at least ten days pre- 
viously, stating the subject to be acted upon at such 
Communication. The removal of a lodge from 
the town, village, city, or portion of a city named 
in its warrant must receive the sanction of the 
Grand Lodge previous thereto. 

§ 21. Every Lodge shall have a seal, and shall 
keep the following books, to wit : 

A book of By-Laws, with the signatures of the 
members. 

A Record Book of the proceedings of the lodge. 

A Register containing the name of each member, 
his birthplace, age, occupation, residence, the dates 
of his initiation, passing, and raising or affiliation, 
and also the date of the termination or suspension 
of his membership, with the cause thereof, as the 
same may occur. 



GRAND LODGE. 69 



An alphabetical list of expulsions, suspensions 
and rejections. 

Such books as may be necessary to present clear- 
ly the receipts and accounts of the Treasurer and 
Secretary. 

It shall also be the duty of the lodge to keep, 
with the lodge books, a Book of Constitutions and 
Statutes of the Grand Lodge, to which shall be 
added, from time to time, all alterations duly 
adopted by the Grand Lodge. It shall also be the 
duty of the lodge to preserve in its archives a 
copy of the proceedings of the Grand Lodge, as 
published from year to year. 

§ 22. Every lodge shall meet at least once in 
each year, and the neglect of a lodge to hold any 
meeting for one year, or to make returns and pay 
dues for two years successively, shall subject it to 
forfeiture of its warrant, and a lodge neglecting 
to pay its annual dues shall not be entitled to be 
represented in Grand Lodge. 

The requirement that each lodge shall keep in 
its archives a copy of the proceedings of the Grand 
Lodge as published from year to year is, we are 
sorry to say, very generally neglected, to the great 
detriment of the lodges and the Craft. Every 
lodge should not only have a complete file but 
should have the different pamphlets bound in or- 
derly volumes for convenient reference. 

ARTICLE X. 

CHARITY — RIGHT TO, AND HOW FURNISHED. 

§ 23. All members of lodges in good standing, 
their wives, widows, and minor children have a 



70 STATUTES. 



right to charitable relief from such lodges upon 
presenting satisfactory evidence of their Masonic 
character or relations, and that they are in neces- 
sitous circumstances. 

§ 24. If a claim for charitable relie~ be made 
upon the funds of a lodge, when not in session, the 
Master and Wardens shall be a Committee to ex- 
amine the same, and they shall be authorized to 
draw upon the funds of the lodge to an amount not 
exceeding the amount specified in the By-Laws for 
present relief. 

Although this article refers only to actual mem- 
bers of lodges or those claiming through them, 
there is still an inherent discretion in lodges to ex- 
tend relief to the unaffiliate, based on a law with 
which no written Constitution can interfere. 

ARTICLE XL 

LODGES NOT TO DIVIDE FUNDS, NOE TO ALLOW IN- 
TOXICATING LIQUORS, NORWOEK CLANDESTINELY, 
OR ON SUNDAY. 

§ 25. No lodge shall distribute its funds among 
its members, nor introduce intoxicating liquors 
within its lodge-room, or any room adjoining, nor 
countenance or permit clandestine lecturing, nor 
meet for Masonic labor other than in the burial of 
a Mason on the first day of the week, commonly 
called Sunday. 

ARTICLE XII. 

INSIGNIA OF LODGE OFFICERS. 

§ 26. The jewels of the officers of lodges are to 
be of silver or white metal; the color of their 



GRAND LODGE. 71 



aprons to be of white, except as otherwise specially 
ordered or allowed by this Grand Lodge. 

ARTICLE XIII. 

MASONIC DUTY VIOLATED IS AN OFFENSE. 

§ 27. When a duty is imposed its neglect or vio- 
lation, without excuse, shall be considered an of- 
fense against Masonic law. 

Section 27 is somewhat loose in construction, and 
a shining example of legislation for the mere sake 
of doing something. Abstractly the sentiment is 
correct ; but if it were put into practical effect, our 
lodges would have but little other occupation than 
trying their members. 

ARTICLE XIV. 

MASTER'S DUTY— VACANCY IN HIS OFFICE, HOW 
FILLED — POWERS AND DUTIES OF ONE ACTING AS 
— NO APPEAL FROM THE CHAIR. 

§ 28. The Master of a lodge has power : 

1. To congregate the members of his lodge 

upon any emergency. 

2. To issue summonses. 

3. To discharge all the executive functions of 

the lodge ; and, 

4. To remove any appointed officer for just 

cause. 

_ § 29. In the case of the death, absence, or ina- 
bility of the Master, or a vacancy in his office, the 
Senior and Junior Wardens will, in succession, 
succeed to his prerogatives and duties for all pur- 



72 



poses, except such as pertain to the installation of 
the officers. 

§ 30. From the decision of the Master, or War- 
den presiding in the absence of the Master, there 
shall be no appeal except to the Grand Master or 
Grand Lodge. 

This enumeration of the powers of the Master of 
a lodge is necessarily general in its character, but 
careful reflection will show that one or the other 
of its clauses is the basis for almost every act re- 
quired of the Master. This is not the place for a 
dissertation on the subject; but if we were re- 
quired to add anything to the article, it would be 
that : ' ' It is the duty of the Master to make him- 
self thoroughly acquainted with the Constitution, 
Statutes, and legislation of the Grand Lodge, to 
the end that, the case requiring, he may be able to 
give the Craft in his charge good and wholesome 
instruction." 

Touching the powers of the Master, the Grand 
Lodge has decided : 

30. That the Master has a right, and it is his 
duty, to exclude from the lodge a brother who by 
his perverseness or contumacy may interfere with 
the proper working of the lodge or disturb its har- 
mony.— Trans. 1875, p. 32. 

65. That the Master of a lodge was justified in 
suspending a Tyler, who was temporarily unfitted 
for the performance of the functions of his office 
by intoxication. It does not matter that the Tyler 
was elected under the By-Laws of the lodge. The 
Master's obligations to the Craft approved the ex- 
ercise of a very necessary prerogative. 



GBAND LODGE. 73 

66. That the Master of a lodge has a right to one 
vote on any question brought before his lodge. He 
may vote in the original count, or to determine a 
tie vote, but may not exercise the privilege in both 
instances on the same question. — Trans. 1875, p. 35. 

26. That it is competent for a Master to refuse 
to confer a degree upon any candidate until such 
time as in his judgment it will be wise to do so. 

39. That a lodge, having been illegally opened 
by a Past Master, in the absence of the Master and 
Wardens, could not transact business of any kind 
after either of said officers had entered, without 
being again and regularly opened. That the con- 
ferring of the 3d degree in Masonry, under such 
circumstances, was illegal, and that it will be nec- 
essary again to confer said degree on the brothers 
before they can be acknowledged as regularly made 
Master Masons.— Trans. 1875, p. 32. 

AKTICLE XV. 

tbeasueeb's duties. 

§ 31. It shall be the duty of the Treasurer of a 
Lodge : 

1. To receive from the Secretary all moneys 

paid into the lodge. 

2. To keep a just and regular account thereof ; 

and, 

3. To pay them out by order of the Master 

and consent of the brethren. 

ARTICLE XVI. 

seceetaey's duties. 

§ 32. It shall be the duty of the Secretary of a 
Lodge : 



STATUTES. 



1. To record the proceedings of the lodge, un- 

der the direction of the presiding officer. 

2. To receive all moneys paid into the lodge 

and pay the same to the Treasurer. 

3. To keep a register of the members of the 

lodge, with a permanent number affixed to 
each name, corresponding with the return 
for registry required by the Grand Lodge. 

4. To register alphabetically, in a suitable 

book, all expulsions, suspensions, rejec- 
tions, and restorations communicated by 
the Grand Lodge. 

5. To report immediately to the Grand Secre- 

tary (in case of all lodges within the cities 
of New York and Brooklyn) the name, age, 
occupation, and residence of every rejected 
candidate for initiation; and in every 
other city or town, where there is more 
than one subordinate lodge, he shall fur- 
nish all other lodges in the same city or 
town the same information, under the seal 
of the lodge. 

6. To make an annual return to the Grand 

Secretary of those who have been initi- 
ated, passed, and raised, with the dates 
thereof, and of such other matters as may 
be required by the Grand Secretary. 

7. To transmit, immediately after every elec- 

tion, a certificate of the names and resi- 
dences of the officers elected to the Grand 
Secretary and to the District Deputy 
Grand Master of the District in which the 
lodge is located. 

8. To make a full and correct return annually 

to the Grand Lodge of all who were mem- 
bers of the lodge on the first day of May 
in each year, which return shall be trans- 



GEAND LODGE. 



mitted to the Grand Secretary on or be- 
fore the loth day of May in each year. 
9. To make a full and correct return annually 
to the District Deputy Grand Master of 
the condition of the lodge on the first day 
of May, and in the form prescribed by the 
Grand Lodge, to be transmitted on or be- 
fore the oth day of May. 

10. To report immediately after the expulsion 

or suspension of a member by the Lodge 
the same to the Grand Secretary, with the 
cause of such expulsion or suspension. 

11. To certify and affix the seal of the lodge to 

all returns and certificates of election 
made to the Grand Lodge, and to the Dis- 
trict Deputy Grand Master ; and, 

12. To attest the official signature of the Mas- 

ter to all other Masonic documents, when 
necessary. 

The foregoing enumeration of the duties of Sec- 
retaries is full and explicit, and every brother ac- 
cepting the office should make himself conversant 
with those requirements, and conscientiously en- 
deavor to fulfill them. 



AETICLE XVII. 

MINUTES, KEEPING AND APPEOVAL OP, AND NOT TO 
BE CHANGED. 

§ 33. The minutes of a communication shall be 
read and corrected (if necessary) and approved by 
the lodge before it is closed, and such proceed- 
ings shall be submitted to the Grand Lodge when- 
ever required, and having been approved cannot 
be altered or expunged. 



76 STATUTES. 

We call attention to this article which concisely 
but clearly states a general, but not always well 
understood, law of the Craft. First, it will be no- 
ticed that at every communication the minutes are 
to be read and corrected (if necessary) in the pres- 
ence of those who have assisted to transact the 
business of which they are the record ; and, sec- 
ondly, that when the minutes have been read and 
approved by the lodge, they are to stand as the 
official record, and can neither be altered nor ex- 
punged. 

There is one fact in connection with the minutes 
that has been stated time and time again, and yet 
appears to be commonly overlooked, namely, that 
approving the minutes does not give sanction to 
that which is illegal in itself ; or, in other words, 
an illegal act does not become legal because it is 
recorded in the minutes and the record is approved. 
The vote of approval simply certifies that the Sec- 
retary has presented a correct history of what has 
been done, but does not and cannot enter into the 
merits of the proceedings. For this reason the 
minutes cannot be expunged, because that process 
would not alter the fact that the proceeding ex- 
punged had taken place, and been correctly re- 
corded at the time. Even an admitted error sub- 
sequently discovered, must stand as recorded and 
approved ; but a correct entry may be made in 
future minutes, with marginal reference opposite 
the original entry referring to the correction. 



GKAND LODGE. 77 

The following Grand Lodge decisions refer to 
and corroborate the views here expressed : 

23. The minutes of every Communication, wheth- 
er regular or special, should be read and approved 
before the lodge is closed. 

2L The minutes of a lodge having been approved 
may not be altered ; but a minute may be ordered 
and made at a subsequent Communication in the 
proceedings of said Communication, explaining or 
correcting the errors of record of the previous 
Communication. — Trans. 1876, p. 31. 

AETICLE XVIII. 

OFFICERS OF LODGE GENERALLY. 

§ 34. The officers shall be subjected, in all things 
relating to their official duties, to the direction of 
the Master or presiding officer. 

AETICLE XIX. 

DISPENSATIONS FOE KEW LODGES, HOW AND WHEN ISSUED ; 
AND OF LODGES U. D. 

§ 35. An elected officer of a lodge cannot be a 
petitioner for a Dispensation for a new lodge, nor 
can a member of a lodge under the jurisdiction of 
another Grand Lodge be a petitioner for a Dispen- 
sation for a new lodge in the State of New York. 

§ 36. A lodge under Dispensation cannot elect 
or install its officers, nor discipline its members or 
others Masons, nor can it be represented in Grand 
Lodge, but it possesses all other powers and privi- 
leges, and must perform all the other duties of a 
warranted lodge, except that it need not have a 
seal. 



78 STATUTES. 

§ 37. No warrant shall be issued to any number 
of Masons less than seven, nor unless they shall 
have given proof of their skill and ability by Work 
under Dispensation, which shall be certified by the 
Grand Lecturer or Assistant Grand Lecturer, and 
District Deputy Grand Master of the District in 
which the lodge is to be located ; nor unless said 
Dispensation and an attested transcript of all the 
proceedings of such lodge, including a copy of the 
By-Laws thereof, shall have been delivered to the 
Grand Lodge, nor unless they shall show that, as 
a lodge under Dispensation, they are clear of all 
indebtedness, and that they have secured and pre- 
pared a suitable and safe place for meeting as a 
lodge. 

§ 38. All brethren, members of or attached to a 
lodge under Dispensation at the time of the expi- 
ration of the Dispensation, shall be deemed to con- 
tinue such relation thereto, and be members of or 
attached to said lodge whenever and as soon as 
said lodge shall be duly warranted and constituted. 

§ 39. A lodge under Dispensation must pay 
Grand Lodge dues of its members. 

§ 40. All Dispensations to form new lodges ex- 
pire on the 15th day of May in each year. 

Setting aside all argument as to the nature and 
powers of lodges under Dispensation, because ab- 
stractions and theories must fade before the posi- 
tive letter of the law, we call attention to the plain 
injunctions of Article XIX., as in connection with 
Section 53, of the Constitution, setting out in 
unmistakable language the terms on which new 
lodges can be founded in this jurisdiction. 



GEAND LODGE. 79 

To Section 36 may be added, that the officers of 
a lodge under Dispensation may resign, because 
they have neither been elected nor installed, but 
only appointed by the Grand Master, hence he may, 
if he think proper, accept resignations and make 
new appointments. 

It may be well also to bear in mind that a lodge 
under Dispensation when applying for a warrant, 
must in addition to the certificates of the Grand 
Lecturer and District Deputy as to proficiency, be 
able to show that it is clear of all indebtedness, 
and again in Section 38, that a member of a lodge 
under Dispensation desiring to resume member- 
ship in his former lodge must do so before the ex- 
piration of the Dispensation, otherwise he will be 
held to be a member of the new lodge and his for- 
mer membership will be forfeited. The safest way 
to do this is to furnish the Secretary of the new 
lodge with a declaration to that effect in writing, 
over the signature of the brother who desires to 
withdraw to his former affiliation. (Consult Sec. 
43.) 

AKTICLE XX. 

FUEL membership in only one lodge, and of honobaey 

MEMBERSHIP, HOW AOQEIBED, AND BIGHTS OF. 

§ 41. No Mason shall be a member of two lodges 
at the same time ; provided, however, that a lodge 
at a Stated Communication, and by unanimous 
ballot, upon a proposition received at the previous 
Stated Communication, may confer honorary mem- 



80 



bership upon any Master Mason who, at that time, 
shall be a member in good standing of some war- 
ranted lodge ; but an honorary member of a lodge 
shall not vote therein. 

Although honorary membership is but a compli- 
ment, it will be seen that the form of conveying it 
is the same as for affiliation, and it may be well to 
prevent- misunderstanding to say that an adverse 
ballot simply refuses membership without affect- 
ing the standing of the brother intended to be hon- 
ored. The Grand Lodge has decided : 

The honorary membership in a lodge depends 
entirely on active membership in some other lodge. 
It carries with it no rights or privileges in the lodge 
wherein it is conferred and imposes no duties. If 
the honorary member gives up his active member- 
ship, he is subject to the disabilities of an unaffili- 
ate. His honorary membership is virtually held 
in abeyance until he is again affiliated. — Trans. 
1875, p. 34. 

That an honorary member of a lodge has not the 
right to visit said lodge, when a member of it ob- 
jects to such visit. — Trans. 1875, p. 233. 

AKTICLE XXI. 

PENALTIES FOR UNAFFILIATION- 

§ 42. One who shall remain an unaffiliated Ma- 
son within this jurisdiction one year or more shall 
not be allowed to visit any lodge, or join in a Ma- 
sonic procession, nor be entitled to receive Masonic 
relief or burial. 

This article has been the subject of a good deal 
of animadversion and bad feeling, but we are free 



GRAND LODGE. 81 

to confess that in its present shape we are unable 
to see on what ground any reasonable objection 
can be offered. By its terms the non-affiliate is 
given one year from the time of his unaffiliation to 
visit and select a lodge with which he can work in 
harmony, and surely in that time the most difficult 
to satisfy ought to be able to make a choice. Fail- 
ing to choose in the time designated he is still free 
to apply for affiliation in any regular lodge, and 
meanwhile ought not to complain at the loss of 
privileges due to those who contribute to the sup- 
port of the Institution in preference to those who 
do not. The right to relief or burial is not denied, 
but left in the discretion of the lodges, and they 
have never shown any disposition to refuse either 
under proper circumstances. 

AETICLE XXII. 

EFFECT OF PETITIONING FOE DISPENSATION. 

§ 43. If a member of a warranted lodge join in a 
petition for a Dispensation to form a new lodge, 
and such Dispensation be granted, his member- 
ship in such warranted lodge shall be in abeyance 
until the expiration of the Dispensation ; unless 
before that time he shall have resumed full mem- 
bership in the warranted lodge by withdrawing 
from the new lodge. • If he shall not have with- 
drawn from the new lodge before the expiration of 
the Dispensation, and the new lodge shall not be 
continued by a warrant, his membership in the first 
above mentioned lodge shall be resumed. (Refer 
to Section 38.) 



ARTICLE XXIII. 

APPLICATIONS POP AFFILIATION, DIMISSION, AND 
WITHDRAWAL — HOW AND WHEN GRANTED AND 
EFFECT. 

§ 44. A member of a lodge may present hia ap- 
plication to another lodge for affiliation therein, 
and such last mentioned lodge may receive the 
application, and refer it to a Committee of Inves- 
tigation, and upon the report of the Committee, 
take a ballot, and if thereupon such application be 
accepted, the brother shall become a member of 
the lodge so accepting him, when it shall receive 
a certificate that such brother has been regularly 
discharged from membership in the first mentioned 
lodge. 

§ 45. No member shall be permitted to (limit 
from the lodge of which he is a member until he 
shall present a certificate from some warranted 
lodge that he has petitioned for membership 
therein : on presentation of such certificate, and 
upon the written request of the brother, the lodge, 
at a Stated Communication shall, if the member is 
not an elected officer of or indebted to the lodge, 
or under charges, issue a certificate of dimit, 
which shall not be delivered to the brother, but 
shall be transmitted by the Secretary of the lodge, 
to the lodge from which such certificate of petition 
came ; which dimit shall not become operative, or 
the brother's membership in the lodge issuing the 
dimit terminated, until notice has been received 
that the brother has consummated membership in 
the other lodge. Provided, that when any mem- 
ber snail be or become a resident of another Grand 
Lodge jurisdiction, a dimit may be granted to 
him direct, and without compliance with the fore- 
going provisions. 



GRAXD LODGE. 83 



But any member of a lodge against whom 
charges are not pending, and whose dues and in- 
debtedness to the lodge are paid, may withdraw 
from membership by presenting a written applica- 
tion therefor, at a Stated Communication. The 
lodge shall grant the request of the brother by 
dropping his name from the rolls, and his mem- 
bership shall thereby be terminated, and he shall 
be subject to the disabilities of an unaffiliated 
Master Mason : Provided, however, that an elected 
officer cannot withdraw. 

The object of the regulations contained in this 
article is, if possible, to decrease the tendency to 
non-affiliation ; to facilitate change of member- 
ship and to break up the evil arising from persons 
claiming Masonic status, by virtue of a certificate 
of dimit. How far the attainment of these objects 
may be reached is a question requiring time for its 
solution. It can hardly be disputed that it is a 
new departure; still, if found beneficial in the 
main, the Craft will sustain it, especially as it is 
provided that a brother removing to another juris- 
diction is not affected by its provisions, and that 
one determined to drop his membership any way, 
must be allowed to do so, he thus subjecting him- 
self, voluntarily, to the provisions of section 42. 
He is, however, entitled to the benefit of the fol- 
lowing decisions of the Grand Lodge, on the sub- 
ject : 

1. That citizenship is not requisite to Masonic 
affiliation. 

2. That Sections 50 and 51 of the Statutes have 



84 



reference to candidates for initiation and advance- 
ment. A member of a lodge, or an unaffiliate, has 
a right to present an application for affiliation to 
any lodge recognized as regular by this Grand 
Lodge, without limitation of time or locality. 

3. That it is not necessary, on an application for 
affiliation, to require the questions provided for 
in Section 49 of the Statutes to be propounded. 

4. That Article XXIII., Section 45, of the Stat- 
utes, does not, by its provisions, prevent unaffili- 
ates from affiliating. It is intended to prevent the 
granting of dimits to the individual brother. 

5. That a Master Mason in good standing is at 
liberty to affiliate with any lodge in this jurisdic- 
tion, without reference to residence, which will 
accept his application. It is the duty of a lodge, 
after receiving notice of a brother's petition for 
affiliation in another lodge, to forward his dimit 
to that lodge. That Section 50 of the Grand Lodge 
Statutes has reference only to jurisdiction over 
candidates for the degrees of Masonry. 

6. That the rejection of an application for affilia- 
tion confers no jurisdiction on the lodge so acting, 
and it is not necessary for the Secretary of the 
lodge to notify other lodges of the fact. 

7. That a brother who has been dropped from 
the roll of a lodge at his own request may be re- 
ceived as an affiliate by any lodge in this jurisdic- 
tion. 

8. That if an applicant for affiliation has lost his 
dimit, the lodge to which he applies must satisfy 
itself in a reasonable way that no other lodge has 
a claim upon him, and it may then receive him in 
the ordinary way. For any concealment or mis- 
representation made at the time of application the 
petitioner may be disciplined. 



GBAND LODGE. 85 

9. A brother who has lost his dimit, granted 
before the adoption of the present Constitution, is 
entitled to a duplicate dimit, said duplicate to be 
dated as of the time when originally granted. 

10. That where a brother's name is dropped from 
the roll of a lodge at his own request, it is proper 
that a certificate to that effect should be given the 
brother, simply stating the fact. — Trans. 1875, p. 30. 

1. A brother who received a dimit under the 
"old Constitution," and now wishes to join a 
lodge, may be proposed in the way provided in 
Section 52 of the Statutes. If rejected, he may 
immediately apply to the same lodge. Every time 
the application is made it must be referred to a 
committee for investigation under said section. 

2. As the election or rejection of an application 
for affiliation does not give a lodge control over 
the applicant, he may withdraw his application 
after it has been presented, referred to and re- 
ported on by the committee. 

18. An expelled Mason is Masonically dead. 
"When restored, it is to Masonic life. He has no 
more to do with the lodge from which he was ex- 
pelled than with any other lodge after restoration. 
To affiliate, he must make application in the regu- 
lar form for that purpose and may apply to any 
lodge.— Trans. 1876, x>p, 29, 30. 

ARTICLE XXIV. 

NON-PAYMENT OF DUES— PENALTY FOE — HOW DEES 
AKE AFFECTED BY UNAFFELTATION OE SUSPEN- 
SION. 

§ 46. A lodge shall have the power to enact a 
By-Law which shall provide a penalty for the non- 
payment of lodge dues, which penalty shall be un- 



86 STATUTES. 



affiliation ; but such penalty shall not be inflicted 
except for the non-payment of at least two years' 
dues. Any such unaffiliated brother may be re- 
stored to membership by a majority vote of the 
members present, and voting at a Stated Commu- 
nication ; provided, he shall have paid the amount 
due at the time of such restoration. 

The following is the construction of the Grand 
Lodge on this section : 

3. When a member of a lodge has been sum- 
moned, under a By-Law enacted in accordance 
with Article XXIV., Section 46, of the Statutes, to 
pay his dues, he must, to avoid unaffiliation, ten- 
der the whole amount of his indebtedness. 

4. A brother unaffiliated for non-payment of 
dues, under the present Constitution, has a right 
to visit from one year from the date of his unaffil- 
iation. His dues continue to accrue against him 
after such unaffiliation. He may be reinstated by 
a majority vote at any time, on payment of the 
amount charged against him on the books of the 
lodge, under a By-Law framed in accordance with 
Section 4.6 of the Statutes. — Trans. 1876, p. 30. 

11. That charges may be preferred in a lodge 
against a brother who has been declared unaffili- 
ated by reason of non-payment of dues. 

12. That in order to unaffiliate a member for 
non-payment of dues, a lodge must act under a 
By-Law passed in accordance with the sections of 
the Constitution and Statutes of Grand Lodge, for 
that purpose made and provided. — Trans. 1875, p. 
30, and 232. 

13. A brother was "stricken from the roll" of 
lodge A, in 1856, for non-payment of dues. At 
the expiration of one year thereafter he became 



been duly summoned^Mrty da™ ™f > Sha11 *»™ 

pd two years' dues." 7 J P^vious, to pay 



GKAISTD LODGE. 87 



entirel}- unaffiliated, by operation of law. Lodge 
A lost all claim on him, except for the amount of 
his indebtedness, and he lost all the claims of 
membership on said lodge. He might at that 
time (1857) have paid his debt, taken a receipt in 
full, and made application to any lodge for affilia- 
tion, without reference to his former relations to 
lodge A. What he might have done then, he may 
do with equal right to-day. It is not necessary 
for him to apply for restoration in lodge A, before 
applying for affiliation in any other lodge. He 
must pay to lodge A the amount due at the time 
he was unaffiliated, take its receipt therefor, and 
he may then make application for membership 
and be affiliated in any lodge. 

While on this subject let us proceed one step 
further. If tho brother desire to resume his mem- 
bership in lodge A, his petition must be treated in 
every respect as that of any petitioner for affilia- 
tion. The lodge having collected from him the 
amount of his debt, must refer his petition to a 
committee for investigation; on the reception of 
the report of that committee a ballot must be 
spread ; his acceptance will depend on the unanim- 
ity of the ballot ; and lodge A will be entitled to 
the affiliation fee prescribed by its By-Laws. 

To put an interpretation on Section 46 of the 
Statutes inconsistent with the above view would 
be to give the section such retrospective force as 
would be inequitable, and consequently, not with- 
in the proper scope of any constitutional provision. 

The obligation of the brother to pay dues was in 
the nature of a contract with the lodge ; a breach 
of this contract on the part of the brother justified 
the lodge in afflicting a penalty for its non-per- 
formance, that is, striking his name from the roll 
of members. Now, to give a meaning to any pro- 
vision of the Grand Lodge Constitution, which 



would, at this late day, disturb the hitherto settled 
relations of the brother with lodge A, or alter or 
increase the amount of his indebtedness to lodge 
A, hitherto fixed and determined, would be repug- 
nant to every principle of justice, and contrary to 
every precedent heretofore established in our 
Grand Body. But it does not seem that the lan- 
guage of Section 46 of the Statutes is at all equiv- 
ocal or doubtful in meaning. It looks entirely to 
the future. It differs in almost every particular 
from the former provision on the subject. It per- 
mits the infliction of the penalty for two years' dues 
instead of one ; it requires that the brother shall 
be summoned to pay his dues thirty days previous to 
the act of the lodge unaffiliating him ; it then pro- 
vides that " any such unaffiliated brother may be 
restored to membership by a majority vote," etc. 
The plain significance of the section is : that a 
brother who, under the present Constitution, shall, 
at any time after its adoption (June, 1873), fail to 
pay two years' dues, may, under certain restric- 
tions, be rendered an unaffiliate, and that "any 
such" unaffiliate may be restored, in the manner 
and under the conditions contained in Section 46 
of the Statutes.— Trans. 1875, p. 31. 

§ 47. A lodge shall not be liable for Grand Lodge 
dues for a member unaffiliated for non-payment of 
dues until restored to membership. 

§ 48. Suspension, after due Masonic trial, shall 
not relieve the member from payment of lodge 
dues, or the lodge from Grand Lodge dues. 

Section 48 is founded upon the fact that in this 
jurisdiction, suspension is always for a definite 
time (see Section 76), and hence it does not destroy 
membership, but only puts it in abeyance during 
the period for which the derelict brother is sus- 



GRAND LODGE. 



pended. At the end of such term he resumes his 
rights and privileges, and, hence, the law requir- 
ing his dues to continue. 

ARTICLE XXY. 

PETITIONS FOR INITIATION, REQUISITES OF, AND FEES ON 
— LODGE JURISDICTION OVER CANDIDATES — DUTIES OF 
LODGES, OFFICERS, AND MEMBERS ON, AND ON WORK 
THEREON, OR ON DEGREES— FRAUD OR FALSEHOOD OF 
CANDIDATE, HOW PUNISHED. 

§ 49. The following are the questions required to 
be answered by a petitioner for initiation ■ 

"What is your age? 

Where born? 

Where do you reside? 

What is your occupation? 

Have you resided in the State of New York the 

the twelve months last past? 
Have you resided in the town, village, or city 

in which you now reside for four months 

last past? 
Have you ever, to your knowledge or belief, 

presented a petition to, or been rejected 

in any Masonic lodge, and, if so, when 

and in what lodge? 
Do you believe in the existence of one ever 

living and true God? 
Do you know of any physical, legal, or moral 

reason which should prevent you from 

becoming a Freemason ? 

Consult Section 55 of the Constitution, which re- 
quires these questions to be answered in writing. 

§ 50. The jurisdiction of a lodge over candidates 
extends over all persons residing nearer to it than 



90 STATUTES. 



to any other lodge within this jurisdiction, except 
that if there be more than one lodge in a village 
or city, those lodges shall have concurrent j uris- 
diction, and except that lodges in the cities of 
New York and Brooklyn shall have concurrent 
jurisdiction. 

§ 51. No lodge shall initiate any candidate who 
is a resident of the State of New York, unless he 
has been such resident for twelve months next pre- 
ceding the application for such initiation, and for 
four months in the jurisdiction of the lodge to 
which he applies, without the consent of the lodge 
within the jurisdiction of which he last previously 
resided ; and no lodge shall initiate any candidate 
who is not a resident of the State of New York 
without the consent of a warranted lodge, acting 
in accordance with the Constitution and laws (by 
whatever name such laws may be known) of the 
Grand Lodge under the jurisdiction of which such 
candidate resides ; provided, however, this section 
shall not apply to seafaring men or persons in the 
United States naval or military service. 

Decisions : 

41. That a lodge which rejects a candidate for 
initiation cannot grant any general release of juris- 
diction. It will act only on application of a lodge 
which shall have shown its willingness to accept 
the candidate. 

42. That the jurisdiction of a lodge over candi- 
dates extends to a point half-way between it and 
the nearest lodge. Such point to be ascertained on 
an air line from lodge to lodge. 

43. A candidate was rejected in lodge A. He re- 
moves to the village occupied by lodge B. After 
a constitutional time has elapsed, he applies for 



GRAND LODGE. 91 

initiation in lodge C, situated at a distance from 
his home. Held, that lodge C must obtain eon- 
sent from lodges A and B, before said lodge C 
may initiate the candidate. 

44. That where a candidate for initiation and 
advancement is balloted for and accepted by a 
lodge and afterwards petitions for initiation, is bal- 
loted for and accepted in another lodge having 
concurrent jurisdiction, he may elect to be initiated 
in either lodge. But, if a ballot is afterwards 

, called for and the candidate is rejected in either 
lodge before his initiation in the other, he is 
thereby estopped, and the lodge rejecting him ob- 
tains jurisdiction. 

45. The removal of a,lodge "loithin its jurisdio 
Hon " is an impossibility, except in the case spe- 
cially provided for in the Statute of Grand 
Lodge ; for as soon as a lodge has legally removed 
its place of meeting from one village to another 
its jurisdictional limits are altered. 

46. " Does a candidate rejected in a lodge, and 
afterwards released from its jurisdiction, come 
under the jurisdiction of the next nearest lodge, 
or is he at liberty to send in his petition to any 
lodge he chooses?" 

The subject of jurisdiction o£ lodges over candi- 
dates involves the consideration of two questions : 

I. What gives a lodge jurisdiction over a candi- 

date? 

II. How may a lodge not having original juris- 
diction over a candidate, obtain jurisdiction? 

In the examination of the first question we are 
to be governed by the provisions of Article XIII., 
Section 56 of the Constitution, and of Article XXV., 
Sections 50 and 51 of the Statutes of Grand Lodge. 

The meaning of Article XIII., Section 56 (Con- 
stitution) is too well understood to need comment 



92 STATUTES. 



here. Take it in connection with the two Sections 
of the Statutes referred to, and we determine the 
method of obtaining jurisdiction at the outset. 
We find that the candidate must, 

First. — Reside within the territorial jurisdiction 
of the lodge which accepts him. (See Section 50, 
Statutes.) 

Second.— He must have resided within that terri- 
tory a certain length of time. (See Section 51, 
Statutes.) 

Tliirdly. — He must satisfy the lodge to which he 
applies that he has not been previously rejected. 
(See Section 56, Constitution.) 

These three requirements determine the juris- 
diction of a lodge over candidates in the first in- 
stance. 

In reference to the second question, viz. : How 
may a lodge not having original jurisdiction over 
a candidate, obtain jurisdiction? — the Constitution 
and Statutes point out but one way, and that is, by 
receiving permission from the lodge having juris- 
diction at the time the candidate's application is 
made. 

Here let it be observed, that a lodge can relin- 
quish its jurisdiction over a rejected candidate in 
either of two cases : 

First. — Where, having original jurisdiction, it re- 
jects him, and then grants permission to another 
lodge, making application therefor, to initiate and 
advance him. 

Second. — Where, having once rejected a candi- 
date, the lodge afterwards elects him, and he then 
petitions another lodge having concurrent jurisdic- 
tion, is accepted, and he decides to take his de- 
grees in the second lodge. In this case the juris- 
diction is lost by force of law. 



GRAND LODGE. 



The conclusion of the whole matter seems clear : 
That a candidate rejected in a lodge having terri- 
torial jurisdiction over him at the time of rejec- 
tion, remains under the jurisdiction of that lodge, 
until consent is given to some other lodge, which 
has accepted his petition, to confer the degrees of 
Masonry upon him. This consent may be given to 
any lodge, in whose jurisdiction such candidate re- 
sides at the time of such application. The rejec- 
tion of a candidate in a lodge, does not bar the 
right of another lodge to receive his petition and 
to spread a ballot thereon : it simply qualifies and 
limits the right to confer the degrees of Masonry 
upon him, until consent is obtained. In this con- 
nection, it might be well to add, that the rejection 
of a candidate by a lodge not having jurisdiction 
over him at the time of his application, will not 
operate to prevent another lodge from accepting 
him and making him a Mason. 

51. That there is no provision in the Constitution 
or Statutes, under which a lodge can claim jurisdic- 
tion over material, passed and raised in said lodge 
at the request of another lodge, but the brother is 
to be considered a member of the lodge which re- 
ceived his petition and initiated him. — Trans, 1875, 
pp. 33 and 232. 

§ 52. A petition for initiation or affiliation can- 
not be received by a Lodge except at a Stated 
Communication, and when received it shall be re- 
ferred to an Investigating Committee of not less 
than three members ; and no report of an Investi- 
gating Committee shall be received until at least 
two weeks after such petition shall have been re- 
ferred. 

§ 53. A petition for initiation, after having been 
rightfully presented and referred, cannot be with- 



drawn, but must be acted upon by report of Com- 
mittee and a ballot ; and an adverse ballot cannot 
be reconsidered under any circumstances in less 
than six months thereafter, and then only on a 
new petition of the candidate. 

A petition wrongfully presented and referred 
must be returned as soon as the error be discovered. 

Various causes of error may arise in the matter 
of petitions either of which becoming known to the 
lodge would make it improper to proceed. As for 
instance, where the petition has not been signed by 
the applicant in person as required by Section 55 
of the Constitution. (This Section [55J, it may be 
remarked in passing, settles the question about 
which there has been some demur that in this ju- 
risdiction a candidate for initiation must be able 
to read and write.) Or where it is discovered that 
the candidate does not live in the jurisdiction of 
the lodge, or is physically imperfect. In either of 
these cases the petition is wrongfully presented 
and, in the language of the Section, must be re- 
turned as soon as the error is discovered. 

§ 54. No ballot on a petition for initiation, pass- 
ing or raising, or for affiliation, can be taken at 
any other than a Stated Communication, and unless 
the ballot be unanimous in favor of the petitioner 
he shall be declared rejected. 

§ 55. Every member of a lodge present at any 
balloting therein for initiation, advancement, or 
affiliation, must vote. 

§ 56. If at any time it shall be charged that a 
Mason made any misrepresentation to the lodge in 



GRAND LODGE. 95 

which he shall have been initiated, or to a Com- 
mittee of Investigation appointed by such lodge, 
or used any concealment or deceit in relation to 
his initiation, he may be tried therefor, and if 
found guilty, may be punished by suspension or 
expulsion. 

§ 57. No discussion upon the merits of a peti- 
tioner for initiation, passing or raising, shall be al- 
lowed in the lodge. (See Section 65.) 

§ 58. The balloting on the petition cannot be 
postponed or adjourned, but when once com- 
menced must be completed, and the result thereof 
be declared. 

§ 59. A lodge shall not initiate, pass, or raise more 
than five candidates at one Communication, and 
shall not confer more than one degree upon a can- 
didate in any one day. 

§ 60. A lodge shall not confer the second degree 
or the third degree on the same candidate or can- 
didates at a less interval than two weeks from the 
time of conferring the preceding degree. 

The preceding Sections, 54 to 60 inclusive, do not 
need any comment other than to call the attention 
of Masters of lodges to their great importance as 
imperative rules that may not under any circum- 
stances be set aside. 

It may be remarked of Section 59, that the true 
intent and meaning is, that not more than five can- 
didates can receive the same degree on the same 
day, but this would not prevent a lodge from initi- 
ating five persons, passing five others and raising 
five others on the same day if any brethren could 



96 



be found capable of the strain of such an amount 
of labor. 

§ 61. No officer or other member of a lodge shall 
be permitted to procure the initiation or advance- 
ment of any candidate in any other lodge than 
that in which such candidate shall have been ac- 
cepted. 

This Section was adopted to put a stop to the 
practice formerly prevailing in the city of New 
York, and probably in other places, of taking a 
candidate to some neighboring lodge and having 
the degrees conferred on him. This was a loose 
and most unmasonic proceeding now happily obso- 
lete, but there is nothing in the Section to prevent 
one lodge giving its consent to another to confer a 
degree or degrees when proper application is made. 
The spirit of this intention is evident from the fol- 
lowing Section : 

§ 62. No Entered Apprentice or Fellow Craft, ini- 
tiated or passed in any lodge within the United 
States, shall be passed or raised in any lodge 
under the jurisdiction of this Grand Lodge, other 
than that in which he was initiated, unless the 
consent of the lodge in which he was initiated or 
passed shall have been obtained, provided said 
lodge continue in existence. 

In this Section the right to give consent is dis- 
tinctly recognized in the requirement that under 
certain circumstances it must be obtained. 

63. No lodge shall make a Mason for a sum less 
than twenty dollars, nor upon credit. 



GEAND EODGE. 97 

34. That the fee referred to in Section 63 of the 
Statutes of Grand Lodge is for initiation, the whole 
amount of the fee is due at the time of initiation. 
A brother whose advancement has been stayed by 
the ballot, cannot, under any law of Masonry, 
claim a return of the fee or any part thereof. — 
Trans. 1875, p. 232. 

64. No candidate shall be passed to the degree 
of Fellow Craft, or raised to the sublime degree of 
Master Mason, without proof of suitable proficien- 
cy in the preceding degree, ascertained from an 
examination by a competent brother in open lodge, 
or by a Committee appointed for that purpose. 

§ 65. Any brother who shall in any way make 
known the kind of ballot cast by himself or anoth- 
er on an application for the degrees of Masonry, or 
any of them, or for affiliation, or if, after any such 
balloting as aforesaid, at which such application 
has been rejected, any brother shall in any way 
declare that he or any other brother cast a certain 
kind of ballot at such balloting, or shall declare 
that any specified or indicated number of white 
balls or ballots, or black balls or ballots, was cast 
at any balloting as aforesaid, it shall be deemed a 
Masonic offense, and such brother so offending 
may, on conviction thereof, be suspended for a 
period not exceeding one year. And, on a trial of 
a brother for any offense specified in this section, 
it shall not be permitted to prove the kind of bal- 
lot cast by any brother, nor the number of white 
balls or ballots, or black balls or ballots, cast at 
any such balloting. 

Attention is specially invited to Section 65, which 
is violated, in spirit at least, more frequently than 
any other part of the Constitution. Discussion in 
the lodge upon the merits of a candidate is for- 



bidden by Section 57, and Section 65 is in the same 
spirit in forbidding the discussion of the result of 
a ballot, or endeavoring to find out how or why a 
brother has voted in a supposed particular direc- 
tion. Not only is all such investigation unlawful, 
but a brother is debarred from avowing the nature 
of his ballot, because to declare his vote would be 
to violate the inviolable secresy of the ballot. 
That lodge will be nearest the law and the right in 
which there is a determination to accept the de- 
clared result of the ballot without hesitation or 
question. 

AKTICLE XXYI. 

CHARGES, TRIALS, AND APPEALS. 

§ 66. After service of the charges against a 
brother, the Commission shall appoint a time and 
place for the trial convenient to the parties, and 
summon the parties and their witnesses ; and any 
Master of a lodge may issue a like summons for 
witnesses at the request of either party. 

§ 67. "When the trial is concluded, the Commis- 
sioners shall, as soon as possible, make their re- 
port of the facts found by them, and their determ- 
ination upon the matter, and give notice thereof 
to each of the parties, and a majority of the Com- 
missioners must concur in the judgment of the 
Commission ; a copy of which report must be filed 
with the Grand Secretary. 

§ 68. The decision of the Commissioners shall 
be final, unless an appeal shall be taken therefrom 
to the Grand Master or Grand Lodge within six 



GEAND LODGE. 99 



months ; in which case it shall be the duty of the 
Commissioners, upon receiving notice of such ap- 
peal, to transmit their report, together with all the 
papers and proceedings in the case, to the Grand 
Secretary, unless they have already filed a copy. 
The appellant shall also, within thirty days after 
notice of the decision, give notice of intention to 
appeal to the opposing party. The decision of the 
Grand Master shall be final, unless a further ap- 
peal be taken within thirty days after notice there- 
of. 

§ 69. "When notice of appeal to the Grand Lodge 
shall have been filed with the Grand Secretary, that 
officer shall immediately, or as soon as received, 
send to the Chief Commissioner all papers and re- 
ports having reference to the case, to the end that 
the Commissioner of Appeals may have time to ex- 
amine the appeal in advance of the meeting of the 
Grand Lodge. 

§ 70. The appeal shall be heard before the Com- 
missioner of Appeals during the session of the 
Grand Lodge, and the decision of the Grand Lodge 
upon the report of said Commission shall be con- 
clusive upon all parties. 

4 71. A warranted lodge shall have, with the 
Grand Lodge, concurrent jurisdiction over any un- 
affiliated Mason residing within its territorial ju- 
risdiction, and original jurisdiction over any E. A. 
made or F. C. passed therein, and over any of its 
members except its Master ; and when charges are 
preferred in a lodge, a Commission shall be ap- 
pointed by the presiding Master, consisting of not 
less than three nor more than five members of the 
said lodge, to take testimony in the case and re- 
port the same to the lodge for its judgment. The 
decision of the lodge shall be final, unless an ap- 



100 STATUTES. 



peal be taken therefrom to the Grand Master or 
the Grand Lodge, in the same manner as provided 
in Section 68. 

§ 72. The expenses which may be incurred by the 
Commissioners in conducting a Masonic trial shall 
be borne by one or both of the parties to the con- 
troversy, as may be determined by the Commis- 
sioners and set forth in their report, and payment 
of such expenses may be enforced in the same 
manner as lodge or Grand Lodge dues, or by proper 
Masonic discipline. 

§ 73. Charges against the Master of a lodge for 
official misconduct, while holding the office of 
Master, shall be presented to the Grand Master 
or the Grand Lodge only during the term of said 
Master, or within one year thereafter. 

12. Section 73 of the Statutes, directing that 
charges for official misconduct against a Master 
shall be made during his term of office, or within 
one year thereafter, does not prevent a lodge from 
trying and punishing a brother for so grave an of- 
fense as the embezzlement of its funds, while hold- 
ing the office of Master, on discovery of the crime. 
— Trans. 1876, p. 30. 

§ 74. Charges preferred, which if proven wodid 
not constitute a Masonic offense, may be and should 
be dismissed by the lodge or officer before which 
the same may have been preferred. 

The following decisions, approved by the Grand 
Lodge, relate to the subject of trials and appeals, 
referred to in Article XXVI., and the Code : 

23. That if a brother, in a Masonic trial, is called 
on to testify as to facts, which have come to his 
knowledge in his confidential relation, as counsel, 



GEAND LODGE. 



it would be improper to reqi^re him to give evi- 
dence against his client. That if the facts, con- 
cerning which he is called to testify, came to the 
knowledge of the brother before he became counsel, 
or are entirely disconnected from his professional 
or privileged relations- to the accused, there can 
be no reason why he should be excused from per- 
forming a duty incumbent on every brother, what- 
ever his station in the Fraternity. 

24. That where but one Commissioner at a Ma- 
sonic trial is challenged by either party, it is the 
right and duty of the other Commissioners to try 
the challenge. 

27. That a Masonic tribunal will not interfere to 
establish the civil rights of brethren, nor will Ma- 
sonry allow itself to be made a convenient means, 
through which a creditor may collect what is due 
him from his Masonic debtor. 

49. That the issues in a trial having once been 
fairly determined upon the merits, a lodge may not 
proceed to a new trial upon the same charges and 
specification, unless a new trial be granted upon 
appeal. 

54. That the decision and sentence of a lodge in. 
the trial of a brother, on charges, is always sub- 
ject to appeal, and if the appellate officer, or com- 
mission, or body reverses the decision or sentence, 
the brother's status is as if the decision of the 
lower tribunal had not been rendered. 

55. A Lodge may not reverse its own action after 
sentence has been pronounced, and while the ac- 
cused is undergoing punishment, so as to prejudice 
his standing or rights. 

56. That a lodge, having sentenced a brother to 
be reprimanded for a Masonic offense, has ex- 



102 



hausted its right to^punish for that offense. The 
subject may not be judicially reviewed or recon- 
sidered by the lodge. Only on appeal may the ac- 
tion of the lodge be reversed or set aside. 

57. That, where the Commissioners, after the 
trial of a brother, charged with a Masonic offense, 
reported the accused guilty and recommended his 
expulsion, and an amendment was offered to change 
the penalty to suspension, it was the duty of the 
Master to take the vote of the lodge on the greater 
penalty first, 

58. The confession by a brother of a Masonic 
crime, accompanied by a plea for mercy, does not 
in anywise entitle him to a milder punishment than 
the offense demands. In dealing with the offense, 
and determining the penalty, two things must be 
kept in view : 1. Charity for the brother who con- 
fesses a fault. 2. Duty to the lodge and the Craft 
in general.— Trans. 1875, pp. 33, 232. 

14. Question. — If the majority of the members of 
a lodge are implicated in a Masonic offense, how 
can they be proceeded against, and can any Ma- 
son except a member of the lodge so offending, 
prefer charges ? 

Answer. — Charges may be preferred in such a 
case by any brother, and if the Master be impli- 
cated the District Deputy will appoint a Commis- 
sion of Masters or Past Masters in the case of the 
Master, and of members of the lodge in case of the 
other offending brothers. If a majority of the 
members are charged, still let the complaintagainst 
them be preferred, tried, and if justice be trifled 
with, the Grand Master or Grand Lodge will rem- 
edy the wrong on appeal. In such a case the Grand 
Master would, perhaps, consider it his duty to sus- 
pend the warrant until the meeting of the Grand 
Lodge. 



GRAND LODGE. 103 

16. A Master of a lodge, or any member thereof, 
is liable to Masonic discipline for the violation of 
any moral law, or for an offense deemed criminal 
by the law of the land. 

17. If a lodge refuse to receive charges against a 
member, an appeal will lie to the Grand Master 
who may order the lodge to receive the complaint 
and refer it for trial, unless he shall consider the 
charges to be improper, in which case he may re- 
fuse. 

19. A Mason may be punished for offenses com- 
mitted either against the Craft or against society, 
and during the period of punishment he is deprived 
of all his Masonic rights and privileges, but his ob- 
ligations, once assumed, cannot be thrown aside. 
It is in this way that the expression ' ' once a Ma- 
son always a Mason" is to be understood. — Trans. 
1876, pp. 30, 111. 

63. That an officer of a lodge, against whom 
charges are preferred, continues to hold his office, 
until, after due Masonic trial, a penalty has been 
decreed ; and it will depend on the duration of the 
penalty, whether he may at any time resume his 
official functions. It is in the power of the Grand 
Master, if, on a presentation of charges, he shall 
deem it advisable for the interests of the Craft, to 
suspend such officer, until the issue shall have 
been determined. 

60. That it is entirely improper, except by way 
of appeal, for a brother of a lodge to criticise the 
the action of his Master, or to seek to obtain from 
higher authority a reversal of a Master's action, 
without giving notice to the Master of his inten- 
tion so to do, and either furnishing the Master ' 
with a copy of his communication to the reviewing 
officer, or sending the questions, concerning which 



104 STATUTES. 



he seeks an opinion, through the hands of the Mas- 
ter ; in this way giving him notice that his ruling 
is called in question. — Trans. 1875, p. 35. 

13. No action a lodge may take can bar the 
right of a brother to appeal to the Grand Master 
or Grand Lodge. A sentence of reprimand should 
fix the time of execution at a date sufficiently re- 
mote to enable the accused to serve notice of ap- 
peal and to obtain, if possible, a stay of proceed- 
ings. - Trans. 1876, p. 30. 

§ 75. All trials of charges preferred and appeals 
taken in pursuance of the provisions of the Consti- 
tution and Statutes shall be conducted, so far as 
the same may be applicable, in accordance with 
such rules and forms as may be adopted by the 
Grand Lodge. 

The foregoing Sections (66-75) refer to the Code 
of Procedure (which see) and are therein explained 
at length. It is only necessary to add that the 
Code is mandatory, and that in case of trial its 
provisions must be strictly followed. 

The copy which appears in this work is in strict 
conformity with the amendments adopted at the 
last annual communication of the Grand Lodge. 

ARTICLE XXVII. 

PENALTIES AND RESTORATION" FR03I. 

§ 76. The penalties which may be inflicted for a 
violation of Masonic law shall be : First, repri- 
mand or censure ; Second, suspension from all the 
rights of Masonry, which shall be for a definite 
time ; and, Third, expulsion. 



GBAND LODGE. 105 

§ 77. The Grand Lodge shall have power to re- 
store an expelled Mason to the rights of Masonry 
after the expiration of one year from the date of 
the sentence. 

§ 78. A lodge having expelled a member, may 
restore such expelled Mason to the rights of Ma- 
sonry at any time and by a majority vote, notice 
of a motion to do so having been made at a pre- 
ceding Stated Communication, and a lodge may 
terminate a definite suspension at any time. Pro- 
vided, that such restoration shall not be made 
when the Grand Lodge shall have affirmed the de- 
cision on appeal. 

It is be remembered that the restoration provid- 
ed in Section 77 is, as therein expressed to ' ' the 
rights of Masonry" and not to membership in 
the lodge from which the accused may have been 
expelled. 

Suspension does not terminate membership, and 
hence if the Grand Lodge should terminate a sus- 
pension, membership in the lodge would be re- 
sumed. 

The Grand Lodge has approved the following 
explanatory decisions . 

33. That a resolution passed in a lodge, restor- 
ing an expelled brother, has no force beyond the 
declaration of the Constitution. It restores him 
to the rights of Masonry, but not to membership 
in his lodge. Thereafter he " stands as an unaffil- 
iated Mason," and may be affiliated only on regu- 
lar petition and by a unanimous acceptance. 

64. That the provisions of the Constitution of 
the Grand lodge, adopted in June, 1873, have no 



106 



retrospective or retroactive effect, either to lessen 
or increase punishment inflicted before its adop- 
tion. It will be necessary for a lodge to act on 
the question of restoration, before a brother, here- 
tofore indefinitely suspended, can resume his good 
standing among Masons; provided the brother 
shall not be restored by the Grand Lodge. 

57. That where the Commissioner, after the 
trial of a brother charged with a Masonic offense, 
reported the accused guilty and recommended his 
expulsion, and an amendment was offered to 
change the penalty to suspension, it was the duty 
of the Master to take the vote of the lodge on the 
greater penalty first. 

31. That expulsion, in every case, is from the 
rights and privileges of Masonry, and carries with 
it the loss of membership in a lodge. Restora- 
tion, by act of a lodge or Grand Lodge, is to the 
forfeited rights of Masonry, but not to member- 
ship, which ceased when the act of expulsion took 
effect, and which can only be resumed by regular 
affiliation.— Trans. 1875, pp. 32, 35. 

15. If a Grand Lodge restore an expelled brother 
to the rights and privileges of Masonry, the action 
will be recognized as conclusive, wherever such 
Grand Lodge may have affiliation or correspond- 
ence. A Grand Lodge will not restore a brother 
expelled from the rights of Masonry in another 
jurisdiction. 

18. An expelled Mason is masonically dead. 
When restored, it is to Masonic life. He has no 
more to do with the lodge from which he was ex- 
pelled than with any other lodge after restoration. 
To affiliate he must make application in the regu- 
lar form for that purpose and may apply to any 
lodge. 



GEAND LODGE. 107 



19. A Mason may be punished for offenses com- 
mitted either against the Craft or against society, 
and during the period of punishment, he is depriv- 
ed of all his Masonic rights and privileges, but 
his obligations once assumed, cannot be thrown 
aside. It is in this way that the expression "once 
a Mason always a Mason," is to be understood, — 
Trans. 1876, p. 30. 



KULES OF OKDER. 



I. — At the third stroke of the Grand Master's 
gavel, there shall be a general silence, and he who 
breaks silence without leave from the Chair, shall 
be subject to a public reprimand. 

II. — Under the same penalty, every brother shall 
keep his seat, and observe strict silence whenever 
the Grand Master or presiding officer shall call to 
order. 

III. — No brother is to speak more than once to 
the same question, unless by permission. 

IV. — If, in the Grand Lodge, any member i? 
twice called to order, at one Communication, for 
transgressing these rnles, and is guilty of the 
third offense of the same nature, the Chair may 
peremptorily order him to leave the lodge-room 
for that day. 

V. — Whoever shall be so rude as to ridicule any 
brother, or what another says, or has said, may be 
forthwith solemnly excluded the Communication, 
and declared incapable of ever being a member of 
any Grand Lodge for the future, unless he publicly 
own his fault, and he be excused. 

VI. — All motions are to be decided by a majori- 
ty of votes, each member having one vote, each 
lodge having three ^btes, and such additional 
votes as the law prescribes, and the Grand Master 
two votes, in case that an equal number shall re- 
quire his decision. 



GRAND IiODGIL 109 



VII. — The opinions or votes of the members 
may be signified by holding up of the left hand, 
unless some member shall call for a vote by lodges, 
which shall be sustained by at least ten members. 

VIII. — All members shall keep their places, ex- 
cept the Grand Marshal and Grand Deacons, who 
are allowed to move from place to place, in the 
discharge of their duties. 

IX. — Every one who speaks shall rise, and re- 
main standing, addressing himself to the presiding 
officer ; and no member shall interrupt him unless 
to call him to order ; but after he has been set 
right, he may proceed, if he observe due order and 
decorum. 

X. — In case of the absence of the Grand "Ward- 
ens, when they, or either of them shall be entitled 
to take the Chair by succession, the Past Grand 
Officer present, who is highest in rank (if his office 
shall have been elective), shall take it ; and in case 
of the absence of both Present and Past Grand 
Officers, entitled to take the Chair, the Master of 
the Senior Subordinate Lodge present shall take it. 

XI. — Every proposition offered for consideration 
shall be in writing, if required by any member. 

XII. — At any annual communication of the 
Grand Lodge, the following Standing Committees 
shall be appointed, to consist of three members 
each, except as herein stated : 

1. A Committee on Credentials of Members and 
Returns of Lodges. 

2. Committee on Masonic Jurisprudence to con- 
sist of seven members. To this Committee shall 
be referred all domestic correspondence requiring 
action, and questions relative to Masonic law and 



110 RULES OF ORDER. 



to the usages, privileges, and customs of the Fra- 
ternity. 

3. A Committee on Foreign Correspondence. 

4. A Committee on Warrants, to consist of nine 
members, one from each Judicial District in 
the State, except the First District, from 
which there shall be two. To this Committee 
shall be referred all applications for warrants, 
and all cases of forfeited warrants. They 
shall not act upon any application for a war- 
rant, unless it shall have been recommended 
by the nearest lodge ; nor shall any warrant 
be revived which has been forfeited previous 
to June, 1839 ; nor any other warrant forfeited 
since that time, unless it be first surrendered. 

5. A Committee on Grievances. 

6. A Committee on Finance, who shall examine 
into and report upon all matters touching the 
finances of the Grand Lodge, and to whom 
shall be referred all subjects involving an ap- 
propriation of its funds ; and without such 
reference, no such appropriation shall be 
made. 

7. A Committee on Accounts of Representatives 
and Pay of Members. 

8. A Committee on the Constitution and By-Laws 
of lodges. To this Committee shall be re- 
ferred all propositions to amend the Consti- 
tution, General Regulations, and Rules of the 
Grand Lodge. 

9. A Committee on Charity, as provided by the 
Constitution. 

10. A Committee on Unfinished Business of the 
previous Annual Communication. 

11. A Committee on Printing, and no resolution to 
print at the expense of the Grand Lodge shall 
be adopted, without the sanction of such Com- 



GRAND LODGE. 



mittee, stating the number of copies to be 
printed. 

12. A Committee on "Work and Lectures, to con- 
sist of nine members, one from each Judicial 
District in the State, except the First District, 
from which there shall be two. To this Com- 
mittee shall be referred the Eeport of the 
Grand Lecturer, and all questions relative to 
the work and lectures of the Fraternity. 

13. A Committee on the Hall and Asylum, to con- 
sist of nine (9) members, one from each Judi- 
cial District, and one additional from the 
First District. To this Committee shfcll be 
referred all matters relating to the Hall and 
Asylum Fund. 

14. A Committee of one from each Masonic Dis- 
trict, before whom the Grand Lecturer shall 
exhibit the standard work and lectures of the 
Grand Lodge; and the Committee to report 

' thereon. 

XIII. — The Standing Committees shall not sit 
while the Grand Lodge is actually in session, un- 
less on leave obtained, and shall all report at the 
same Communication at which they were appointed, 
and be discharged at the close thereof, unless other- 
wise ordered, except the Committee on Foreign 
Correspondence and Unfinished Business. 

XIV. — After the Grand Master has called the 
Grand Lodge to order at the opening thereof, on 
the first day of the Annual Communication, the 
following order of proceedings and business shall 
be observed : 

1. Prayer by the Grand Chaplain. 

2. Calling the roll of lodges by the Grand Secre- 
tary. 

3. The usual solemn ceremonies of opening the 
Grand Lodge in ample form. 



112 BULES OF OBDEB. 



4. Reading and approving the minutes of any 
previous communication not before read and 
approved. 

5. Address of the M. W. Grand Master, and ac- 
tion thereon. 

6. Eeport of the Grand Secretary and Grand 
Treasurer, and action thereon. 

7. Miscellaneous Business. 

XV. — After the first session of the Annual Com- 
munication, the Grand Lodge shall assemble daily, 
at nine o'clock in the morning, and take a recess 
front one o'clock P. M., until two o'clock P. M., and 
again from six o'clock until the following morning, 
at nine o'clock. 

XVI. — The order of business at each session, after 
the first day, shall be as follows, except the third, 
which shall not be observed after the second day : 

1. Reading and approving minutes of the pre- 
ceding session. 

2. Reports upon Credentials of Members. 

3. Appointment of Standing Committees. 

4. Reports on Unfinished Business of the pre- 
vious Communication. 

5. Presentation and reference, or other disposi- 
tion of memorials, petitions, and communi- 
cations. 

6. Motions and Resolutions, and reference or 
other disposition of the same. 

7. Reports of Standing Committees and action 
thereon, the Committees on Foreign Cor- 
respondence and the Condition of Masonry 
having the preference. 

8. Reports of Special Committees, and action 
thereon. 

9. Special Orders (if any). 



GRAND LODGE. 113 

10. Considerations of Amendments to Constitu- 
tions, General Regulations, and Eules (if any). 

11. Unfinished Business of previous session (if 
any). 

12. Miscellaneous Business, not included in the 
above ; including the lectures on three de- 
grees in presence of the Grand Lodge, once 
at each Communication. (See subdivision 14 of 
Hide XII.) 

XYII. — Should the Order of Business not be con- 
cluded at the session at which it is first called, it 
shall be commenced at the succeeding session 
where it was left off, and so on throughout the 
Communication, taking up the Order of Business 
as in Bule 16 again, when once finished, and 
going through with it in the same manner : — Pro- 
vided, nevertheless, that the reading and approv- 
ing of the minutes shall be the first business in 
order at each session ; and that the appointment 
of a time for, and the election and installation of 
officers, and the lectures, shall be in order at any 
time designated by the Grand Lodge. 

XVIIL— The Eules of Order shall not be sus- 
pended at any time, except by unanimous consent. 

XIX. — These rules may be amended at any time, 
by a vote of two-thirds of the Grand Lodge. 

XX.— All former Eules of Order of the Grand 
Lodge inconsistent herewith are hereby abrogated. 

Eepresentatives will do well to make themselves 
acquainted with the foregoing rules in order that 
they may understand the routine of Grand Lodge 
business. 



PEOPOSED AMENDMENTS. 



Fob the information of lodges and brethren we 
here insert the amendments to the Constitution 
which received affirmative action at the late an- 
nual communication of the Grand Lodge, and 
which will come up for final action at the session 
of 1878. It would be out of place for us to argue 
them here, but we earnestly recommend that a 
careful comparison be made between the Sections 
as they now stand and the proposed amendments, 
so that representatives may know the sentiment of 
their lodges and be prepared to vote understand- 
ing^ when they find themselves in Grand Lodge. 

Amend Section 4, Article I., of the Constitution, 
by inserting between the words "Grand Lodge," 
and the words, "and also," the words, "the 
Trustees of the Hall and Asylum Fund," so that 
the section, when amended, will read as follows : 

"§4. This Grand Lodge shall be composed of 
all its Grand Officers, the Past Grand Masters, 
Past Deputy Grand Masters, Past Grand Wardens, 
Past Grand Treasurers, Past Grand Secretaries, 
and one representative from each lodge, who shall 
be the Master, one of the Wardens, in the order of 
seniority, or a proxy duly appointed by the lodge, 
the members of the Commission of Appeals, ac- 
cording to the rules prescribed by the Constitution 
of this Grand Lodge, the Trustees of the Hall and 



GBAND LODGE. 



Asylum Fund, and, also, of all such Past Masters 
of lodges under this jurisdiction as were elected 
and installed and served one year in the chair of 
Master prior to the 31st day of December, 1849. 
But it may, at its pleasure, and by duly altering 
its Constitution, enlarge or diminish the numbers 
and qualification of its members ; provided, no one 
can be a member of this Grand Lodge unless he 
be a member of some lodge within this jurisdic- 
tion." 

Amend Section 8, Article I., of the Constitution, 
by adding thereto the following words : 

"The Trustees of the Hall and Asylum Fund 
shall be elected at such time in the Annual Com- 
munication as the Grand Lodge shall direct, and 
in the same manner as the elective Grand Officers ; 
provided, if there is no vacancy to be filled at such 
Annual Communication, except by expiration of 
the term of a Trustee, then only one such Trustee 
shall be elected, and to hold his office for the full 
term prescribed, and all other vacancies shall be 
filled for the remainder of the term." 

Amend Subdivision 9, of Section 40, Article VII. , 
by striking out the words, "for the period of five 
years," so that when amended it will read as fol- 
lows : 

"9. Every lodge shall pay for each of its mem- 
bers, annually, fifty cents, which shall be appro- 
priated to the Hall and Asylum Fund." 

Amend Section 63, Article XV., of the Consti- 
tution, by striking out the words, "two-thirds," 
and inserting the word, "majority," so that the 
section, when amended, shall be read as follows : 



116 PEOPOSED AMENDMENTS. 



"§63. The Statutes may be amended at any 
Annual Communication of the Grand Lodge, by a 
majority vote ; provided, that notice of such pro- 
posed amendment shall have been given, and the 
amendment proposed presented in writing at the 
previous Annual Communication." 

Amend Section 53, Article XI., of the Constitu- 
tion, by adding the following words : 

"The recommendation of a lodge whose juris- 
diction may be affected shall not be necessary to 
such dispensation when such body and such new 
lodge shall be situate upon opposite sides of that 
part of the Hudson Eiver between the city of New 
York and the northernmost limits of the city of 
Troy." 

Amend Section 72, Article XXVI., of the Stat- 
utes, by adding thereto the words : 

"Subject to a like right of appeal, to be taken 
by an aggrieved party, within the time, and pro- 
ceeded with in the manner prescribed in Section 
68." 

Amend Section 46, Article XXIV., of the Stat- 
utes, by striking out the word "two," in the 
fourth line, and the word "two," in the sixth line, 
and by inserting in lieu thereof, the word "one," 
so that the section, when amended, shall be read 
as follows : 

" § 46. A lodge shall have the power to enact a 
By-Law which shall provide a penalty for the non- 
payment of lodge dues, which penalty shall be im- 
affiliation ; but, such penalty shall not be inflicted 
except for the non-payment of at least one year's 
dues, nor until the brother shall have been duly 



GEAXD LODGE. 



summoned thirty days previous, to pay said one 
year's dues. Any such unaffiliated brother may 
'be restored to membership by a majority vote of 
the members present and voting at a Stated Com- 
munication ; provided, he shall have paid the 
amount due at the time of such restoration." 

Amend Section 51, Article XXY., of the Statutes, 
by striking out of said section the words, "seafar- 
ing men or," so that the section, when amended, 
shall be read as follows : 

" § 51. No lodge shall initiate any candidate 
who is a resident of the State of New York, unless 
he has been such resident for twelve months next 
preceding the application for such initiation, and 
for four months in the jurisdiction of the lodge to 
which he applies, without the consent of the lodge 
within the jurisdiction of which he last previously 
resided; and no lodge shall initiate any candi- 
date who is not a resident of the State of New 
York, without the consent of a warranted lodge, 
acting in accordance with the Constitution and 
Laws (by whatever name such laws may be known) 
of the Grand Lodge under the jurisdiction of 
which such candidate resides ; provided, however, 
this section shall not apply to persons in the 
United States naval or military service." 

Amend Section 43, Article XXII. , of the Statutes, 
by adding to said section, the following : 

"And the Secretary of such new lodge, if war- 
ranted, immediately on its being instituted will 
notify all warranted lodges to which any of its 
members belonged, on joining in the original peti- 
tion aforesaid, of the granting of such warrant 
and the institution of the lodge thereunder, with 
the name or names of such original petitioners as 



PROPOSED AMENDMENTS. 



continued their membership in such newly insti- 
tuted lodge." 

Amend Section 25, Article XI., of the Statutes, 
by adding thereto, the following : 

' ' Nor shall any lodge expend any portion of its 
receipts from initiation or affiliation fees for any 
purpose other than the relief of the sick, destitute, 
and needy, the burial of a deceased brother, or for 
the payment of Grand Lodge dues." 

Amend Subdivision 3, of Section 13, Article V., 
by adding thereto, the words, "but this shall not 
apply to Master or Warden," so that the subdivi- 
sion, when amended, shall be read as follows : 

"3. By election and installation of the holder of 
such office to fill another office in the lodge, but 
this shall not apply to Master or Warden." 

Amend Section 5, Article II., of the Statutes, 
by inserting after the word, "attendance," the 
words, "not exceeding three days," so that said 
section, when amended, shall be read as follows : 

"§ 5. The representative from each lodge shall 
be entitled to receive his traveling expenses at the 
rates established by the proprietors of public con- 
veyances, which he shall take in coming directly 
from his lodge to the place of meeting and return- 
ing thereto, as charged by said proprietors at the 
time, and also five dollars for each day's attend- 
ance, not exceeding three days, and three dollars 
per day for time actually necessary for traveling 
to and from the Grand Lodge, not exceeding two 
days in going and returning. And, though he rep- 
resent more than one lodge, he shall receive pay 
only for one lodge; nor shall he receive more 
than the aggregate dues of tho lodges he shall 
represent." 



MASONIC CODE OF PROCEDURE. 119 

MASONIC CODE OF PROCEDURE 

IN THREE PARTS, viz. : 

I. Trials ; II. Appeals ; III. Restoration. 

[ADAPTt D TO THE USE OF LODGES.] 



Prepared by JOHN L. LEWIS, P. G. M., and approved 

by the Grand Lodge of New York, June, 1873. 

attended in 1874 and 1877. 



I. OF TRIALS. 

Section 1. A Masonic trial is the judicial examination of the 
issues arising on Complaints for offenses before the Grand Lodge or 
Commissioners, whether they be issues of law or of fact. 

5} 2. Masonic offenses which subject the individual offender to trial 
and punishment are of four kinds : 

1. Offenses against Statutory law, being such as are called 

crimes, divided into felonies and misdemeanors ; 

2. Offenses at common law, not made crimes by any statute ; 

such as assault and battery ; 

3. Offenses against the moral law, not punishable as. crimes ; 

such as adultery and fraud ; and 

4. Offenses against the Constitutions and laws of Masonry, writ- 

ten or unwritten. 
^ 3. The penalties \«hich may be inflicted upon an individual 
Mason, for an offense, are : 



120 GRAND LODGE. 

1. Reprimand or censure ; 2. Suspension for a definite time ; 
and, 3. Expulsion. 
^ 4. Masonic offenses may also be committed by a Lodge in the 
particulars defined by the Constitution, and not otherwise, and 
•which are : 

1. Contumacy to the authority of the Grand Master or Grand 

Lodge ; 

2. Departure from the Ancient Landmarks ; 

3. Disobedience to the Constitution and laws of the jurisdiction ; 

and 

4. Neglecting to meet as a Lodge for one year or more. 

{) 5. Every individual Mason, and every Lodge accused of a Ma- 
sonic offense, must be proceeded against by written charges called a 
a Complaint, and notice thereof; and each is entitled to a speedy 
and impartial trial. 

§ 6. Any Mason in good standing may prefer a complaint to the 
proper authority against any other individual Mason, or against a 
Lodge, and may be a witness on the trial. 

§ 7. A complaint must be in writing, and contain an orderly state- 
ment of the facts constituting a Masonic offense, and should be brief 
but comprehensive, avoiding repetition, and clearly defining the na- 
ture of the offense charged, with an accurate specification of the 
time, place, and circumstances of its alleged commission. 

§ 8. A complaint preferred in a Lodge should be substantially in 
the form designated as " Form No 1," or designated as " Form 
No. 2," or as " Form No. 3," as examples, and which may readily 
be adapted to any other case of Masonic offense. 



Form No. 1. 

The Complaint 

" To the Master, Wardens, and Brethren of Triluminar Lodge, No. 

800 ; 



MASONIC CODE OF PEOCEDURE. 



Charge. Brother A. B. is hereby charged with immoral and un- 
masonic conduct : 

First Specification. That the said A. B. , on the first day of April, 

1859, in the public street at Freetown, in the county of , and 

then being a member of said Lodge, was in a state of intoxication 
from the immoderate and improper use of intoxicating liquor, in 
violation of his duty as a Mason, and to the scandal and disgrace of 
the Fraternity. 

Second Specification. That the said A. B ,on the first day of April, 
1859, at Freetown aforesaid, and at various other times and places 
in the year 1859 , was intoxicated with strong and spirituous liquors , 
although admonished therefor by the Master and Wardens of this 
Lodge, in violation of his duty as a Ma9on and to the great scandal 
and disgrace of the Masonic Fraternity : 

And it is hereby demanded that the 6aid A. B. be dealt with there- 
for according to Masonic law and usage. 

Dated April 9, 1859. S. L., Junior Warden." 

Form No. 3. 

TJie Complaint in another form. 

" To the Masters, Wardens and Brethren of Triluminar Lodge, No. 
800 : 

Charge. Bro. C. D. is hereby charged with immoral and unma- 
sonic conduct : 

First Specification. That the said C. D. , on the first day of April 
1859, at Freetown , in the county of , and then being a mem- 
ber of said Lodge, in the presence and hearing of Bro, E. F. and 
others, spoke and declared of Bro. G. H. , of Anchor Lodge, No. 801 
these words in substance : that the said G. H. was a dishonest man • 
that he was a knave and a cheat ; and that he was a liar : to the 
great injury if the said G. H. and to the common scandal and dis- 
grace of the Masonic Fraternity. 

Second Specification. That the said C. D., on the first day of April, 
1859, at Freetown aforesaid, in the presence and hearing of Mr. Y. 
Z. and others, publicly spoke and declared of the said G. H. , who 
was not present, that he, the said G. H., was a dishonest man, a 
knave, a cheat and a liar, in violation of the duties of the said C. D. 
as a Master Mason, to the great injury of the said G. H. , and to the 
common scandal and disgrace of the said Anchor Lodge, No. 801, 
and of the Masonic Fraternity : 

And it is therefore hereby demanded that the said C. D. be put 
upon trial therefor. 

Dated April 9, 1859. S. L., Junior Warden." 



122 GRAND LODGE. 

Form No. 3. 

The Complaint — another form. 

H To the Master, Wardens and Brethren of Triluminar Lodge, No. 
800 : 
Charge. Bro. E. F. i3 hereby charged with unmasonic conduct : 
Specification. That heretofore said Triluminar Lodge adopted a 
Code of By-Laws, and amongst other things provide! by Section 21 
of said By-Laws, which has ever since been aud is in full force, in 
substance and effect that said Lodge might tax its members for Ma- 
sonic purposes ; that at a stated communication of said Lodge, held 
on the 24th day of December, 1858, said Lodge adopted a resolution 
to impose a tax upon each of its members of three dollars to replen- 
ish the Charity Fund of said Lodge ; that on said last mentioned day 
said E. F. was a member of said Lodge and htd subscribed to said 
By-Laws, and is still a member of said Lodg^, but that the said E. 
F., although of sufficient pecuniary means and ability, refused to 
pay said tax of three dollars, and still refuses to pay the same, con- 
trary to the provisions of said Section 21 of said By-Laws, to the in- 
jury of said Lodge, and in violation of his duties and obligations as 
a Master Mason : and it is therefore hereby demanded that the said 
E. F. be put upon his trial therefor. 
Dated April 9, 1859. S. L., Junior Warden." 

\ 9. The proceedings on a complaint to a Lodge under "Form No. 
1 " (selected as an example) are contained in the preceding Section 
8 , and in the Sections following to an including Section 'ZQ. 

§ 10. The complaint must be presented in open Lodge at a Stated 
Communication, and a motion should be made aDd adopted that the 
complaint be received and Commissioners appointed before further 
proceedings can be had thereon. 

§11. The complaint need not be copied in the minutes, but its 
nature shall be entered with the fact of its reception and reference, 
and the names of the Commissioners appointed by the Master. 

§ 12. When such a motion of reception and reference has been 
adopted, the Master 6hould forthwith appoint three capable and 
disinterested members of the Lodge as Commissioners. If a brother 
appointed as Commissioner shall know of any cause which would 
disqualify him from acting, it is his duty to state it either in open 
Lodge or privately to the Master, in order that another may be 
forthwith substituted. 



MASONIC CODE OP PROCEDURE. 123 

§ 14. It is the duty of the Secretary of the Lodge immediately to 
serve upon the accused a copy of the complaint with a notice an- 
nexed, except in cases mentioned in Section 17. 

§ 15. The notice annexed to the complaint may he in the follow- 
ing form : 



Form No. 4:. 

Notice of Complaint. 

" Bro. A. B. : — Take notice that the within (or foregoing) is a 
copy of the complaint preferred against you at a Stated Communi- 
cation of Triluminar Lodge, No. 800, held on the 9th of April, inst,, 
and that Bros. R. S , T. U. , and V. W. were appointed Commission- 
ers to hear and try the same. 

Dated April 10, 1859. P. Q. , Secretary." 

§16. Commissioners should determine, if possible, at the time 
the complaint is preferred, when and where they will meet for trial, 
and inform the Secretary thereof, in which case he will add to the 
above notice the following ; " and that they will meet for the pur- 
pose on the 20th day of April, 1859, at seven o'clock P. M., at Tri- 
luminar Lodge-room, in Freetown, at or before which time you are 
required to answer said complaint." 

§ 17. If from any cause the complaint cannot be personally served, 
then a notice of its presentation, and t^e nature of the charges it 
contains should be sent to accused by mail, or other safe convey- 
ance, if his residence be known ; if the residence be not known, then, 
after a reasonable time, and after diligent inquiry, the Secretary 
should leave such notice at the last place of residence or place of 
business of the accused, with information that a copy of the com- 
plaint will be furnished when demanded by the accused. 

§ 18. The notice in the case mentioned in Section 17 maybe in the 
following form : 



124 GRAND LODGE. 

Form No. 5. 

Notice to Absent Defendant. 

" Bro. A. B. : — Take notice that at a Stated Communication of 
Triluminar L dge, No. 800, held in Freetown, on the 9th day of 
•April, 1859, charges of uumasonic conduct were preferred against , 
you ; that Bros. R. S., T. U., and V. W. were appointed Commis- 
sioners to hear and try the same ; that a copy of the complaint will 
be furnished you on demand, and you are required to answer said 

complaint within days thereafter, and serve your answer 

upon me. 

Dated April 16th, 1873. P. Q. , Secretary." 

^ 19. After service of the complaint, if the accuser or accused 
has an objection to the Commissioners, or any of them, he should 
as soon as possible make his challenges, that the Master, if satis- 
fied that the challenge is made upon good grounds, may make an- 
other appointment ; and it should state specifically the grounds 
on which it is made. Challenges may, however, be made to Com- 
missioners at any time before the trial commences. 

Ij; 20. If there be doubts whether the grounds of the challenge are 
sufficient, the Master shall be the trier, when all or two of the Com- 
missioners are challenged ; or when but one is challenged the other 
Commissioners may act as triers ; but it is recommended that if 
there be reasonable objection or if probable cause for challenge be 
manifest, that the challenged Commissioners remove all objection 
by resignation, in which case the Master will appoint another and 
if made at any other time than at a Communication of the Lodge, 
that he supply the vacancy by appointment in writing, to be filed 
with the Secretary, who shall present the same to the Lodge when 
next convened. 

\ 21. The appointment of Commissioners being completed, it is 
next the duty of the accused to answer the complaint. Aa this 
must be in most cases, if not all, equivalent to the well-known plea 
of " Not guilty," the form is immaterial, but to complete the record 
it may be in the following form : 



MASONIC CODE OF PROCEDURE. 



Forai. No. 6. 

The Answer. 

11 C. D. in person denies the complaint made against him, and 
every matter and thing contained in the charges and several speci- 
fications of the same as therein stated and set forth, and demands 
trial thereon. C. D." 

\ 22. The answer, however, may vary accordingio the facts of each 
case ; as, for example, one specification may he admitted and an- 
other denied ; or the charges and specifications may he admitted 
and matters set forth in excuse or extenuation of any or all of the 
specifications ; or the charges and specifications may he admitted, 
with a denial that they constitute Masonic offense (the last being 
what is called a demurrer, but which, to avoid technicality, will be 
termed a special answer). 

^ 23. The special answer to the complaint may be in the following 
form : 

Form No. 7. 

TJie Special Answer. 

'' C. D. in person answers the complaint made against him, and, 
without denying the charges or specifications therein, says, that the 
statements in said omplaint do not present sufficient facts to con- 
stitute a Masonic offense, because he says that it is contrary to the 
principles of Masonic law for a Lodge to tax its members " [or what- 
erer else may be the grounds of the special answer]. 

§ 24. The answer, whether general or special, being made, the 
issue is formed and the parties proceed to trial at the time and place 
appointed by the Commissioners, of which the accused shall always 
have reasonable notice in writing. 

^25. If a special answer be made, and the decision be against the 
accused, he will still be permitted to put in an answer denying or 
excusing the charges in the manner above stated , and hence it is 
best not to interpose a special answer, as the accused may always 
have the benefit of any question of Masonie law under a general 
answer. * 

§ 26. The attendance of witnesses on either side, when they are 
Masons, may be enforced by summons, which may be issued by any 
Master of a Lodge, and may be in the following form : 



126 GRAND LODGE. 



Form No. 8. 

Tlie Summons for Witness. 

u To Bro. I. J. : — You are hereby summoned and required to at- 
tend as a witness before the Commissioners appointed for the trial 
of Bro. A. B. , on certain charges preferred against him, on the 20th 
day of April, 1859, at 7 o'clock, p. M., at the Lodge room of Trilumi- 
nar Lodge, No. 800, in Freetown ; and there to testify the truth ac- 
cording to your knowledge on behalf of [naming the party summon- 
ing him]. 

Dated April 16, 1859. K. L. , Master of Star Lodge, No. 900." 

§ 27. The summons may be made to answer for several witnesses 
by inserting their several names and adding the words " and each 
of you " after the word " you ;" taking care to leave a blank after 
the first name for the insertion of other names. The attendance of 
witnesses other than Masons must necessarily be voluntary only. 

§ 28. The brother disobeying such summons is liable to discipline 
in the same manner as for disobedience to any other summons ; 
and, for this reason, the one serving it should note upon it when 
and how it was served, whether personally or otherwise. 

§ 29. The co :r plaint for disobeying a summons may be in the fol- 
lowing form : 

Form No. 9. 

Complaint for Disobeying Summons. 

" To the Master and Wardens of Triluminar Lodge, No. 800 : 

Charge. Bro. I. J. is hereby charged with unmasonic conduct. 

Specification. That the said I. J., having taken the solemn obliga- 
tions of a Master Mason, and being a member of said Triluminar 
Lodge, No. 800, in good standing, was, on the 16th day of April, 
1859, personally served with a summons to attend as a witness be- 
fore the Commissioners appointed for the trial of Bro A B. on cer- 
tain charges against the said A. B. , on the 20th day of April, 1859, 
at seven o'clock, p. m., at the Lodge-room of said Triluminar Lodge, 
No. 800, in Freetown there to testify the truth according to his 
knowledge on behalf of said Triluminar Lodge, which summons was 
issued by K. S. , Master of Star Lodge, No. 900 ; and that the said 
I. J., wholly disregarding said summons and his solemn obligations 
as a Master Mason to obey the same, did not attend at the time and 
place specified in said summons, but wholly neglected and refused. 



MASONIC CODE OF PROCEDURE. 



so to do, to the great injury of said Triluminar Lodge, and to the 
evil example of the whole Masonic Fraternity: 

Wherefore it is demanded that the said I. J. be brought to trial 
and punishment therefor. 

Dated April 21 , 1859. S. L. , Junior Warden. ' ' 

This form, with the necessary alterations, may be adapted to any 
case of willful disregard of any lawful summons of a Brother Master 
Mason, or of a lawful Lodge of Master Masons. 

§ 30. Testimony may be taken by Commission (as limited in Sec- 
tion 38 following) when the witness to be examined resides at such 
distance as may be inconvenient for him to attend, of which fact 
the Commissioners appointed for the trial shall be the judges, and 
the attendance of such witnesses to testify may (if he be a Mason) 
be compelled by summons, as prescribed in Sections 26 and 27 pre- 
ceding. 

§ 31. Reasonable notice of intention to apply for a Commission 
must be given by the applicant therefor, and may be in this form : 



Form No. 10. 

Notice of Commission. 

" To S. L M Junior Warden ; — Take notice that I shall apply to the 
Commissioners appointed for the trial of the charges against me at 
Triluminar Lodge-room, in Freetown, on + he 20th day of April, 1859, 
at 7 o'clock, p.m., for a Commission to examine W. Bro. H. J., Mas- 
ter of Hearty Lodge, Ko. 777, to examine X. Y. , as a witness on my 
behalf, on interrogatories. 

Dated April 16 , 1859. A. B. » 

^ 32. If the Commissioners at the time of hearing, on this notice, 
decide to issue the Commission , it should be issued to the Master or 
a Warden of the nearest or most convenient Lodge to the witness 
(unless there be reasonable objection to such Master or Warden), to 
act as Examiner ; and it may be in the following form : 



128 GRAND LODGE. 

Form No. 11. 

Commission for Witness. 

" To W. Bro. \ H. J., Master of Hearty Lodge, No. 777 : 

You are hereby appointed Examiner to take the testimony of Bro. 
F. F., of Noblesburg, in your county, as a witness in the matter of 
the charges preferred in Triluminar Lodge. No. 800, against Bro. A. 
B., of said Lodge, at such earlv time and convenient place as you 
may appoint, upon the interrogatories and cross-interrogatories 
hereto annexed, and reduce his answers thereto to writing, to be 
subscribed by him, and by you certified to us, and returned forth- 
with by mail to the Secretary of said Triluminar Lodge, acting in 
the premises with all convenient speed. 

Dated Freetown, April 20, 1859. R. S. ") 

[seal of triluminar lodge ] T. U. \- Commissioners. 

Attest : P. Q. , Secretary. V. W. ) 

{; 33. At the time of hearing on the application for Commission, 
or at such other time as shall be agreed upon or appointed, the 
parties shall prepare, and the Commissioners (or one of their num- 
ber designated by them) shall settle their respective interrogatories 
or cross-interrogatories. 

^ 34. The interrogatories (or questions) may be in the following 
form ; 

Form No. 12. 
Interrogatories. 

" Interrogatories to be proposed to F. F. ,a witness to be exam- 
ined on Commission annexed : 

First Interrogatory. What is your age, occupation and residence ? 

Second Interrogatory. Are you acquainted with A. B., named in 
the annexed Commission ? and, if so, for how long a time f 

Third Interrogatory . Were you at Freetown on the first day of 
April, 1859 ? and, if so, did you see said A. B. there ? 

Fourth Interrogatory. What was the state of his health at that 
time ? and, if not good, state what was his disease ? how it affected 
his actions ? 

[And so on, numbering each separate interrogatory or question 
by itself.] 

Lastly. Do you know any other matter or thing beneficial to the 
said A. B in this matter? If so, state it fully. X A. B." 



MASONIC CODE OF PROCEDURE. 129 

^ 35. The interrogatory commencing " lastly " must always be 
inserted and always answered. If the witness has anything addi- 
tional to state, it should be added ; if he has not, it should be so 
stated. 

^ 36. The cross -interrogatories may be in the following form : 

Form No. 13. 

Cross-iyiterrogatories. 

" Cross-interrogatories to be proposed to F. F., a witnesfrto be ex- 
amined on Commission answered : 

First Cross-inlerrogalory. Do you know what caused the ill-health 
of A. B. ? If so, state fully the fact and the cause. 

[Then proceed with others, numbering them in like manner, and 
concluding with " Lastly," and observing the same rules as in case 
of interrogatories.] S. L., Junior Warden." 

§ 37. The commission, copy of complaint, interrogatories and 
cross interrogatories will then be fastened together and sent to the 
Examiner. 

§ 38. The examiner having procured the attendance of the wit- 
ness at the time and place appointed, will take his testimony in the 
same manner as on trial, and put it in writing, and may commence 
in this form : 

Form No. 14. 

Deposition. 

" Examination of F. F.,a witness produced before me in the mat- 
ter of the annexed charges against A B. , taken at Noblesburg on 
the 27th day of April, 1S5P, and who testified as a Master Mason 
[or who stated, see § 49, subd. 4] as follows : 

To the first interrogatory the said F. F. says : My age is 35. I 
am a farmer, and reside at Noblesburg. 

To the second interrogatory he says : I know A. B. , and have been 
acquainted with him for over ten years. [And so on, giving the an- 
swers in fu 1 to each interrogatory ] 

Lastly. The said F. F. says, in answer thereto : I do not. 

To the first cross-interrogatory the said F. F. says : 

And proceed as on the interrogatories, adding a reply to " Lastly." 
"F. F.» 



130 GRAND LODGE. 

^39 The answers to the several interrogatories and cross-inter- 
rogatories beiDg written, the witness will subscribe the same, and 
the Examiner will then certify as follows : 

Form No. 15. 

Certificate to Interrogatories. 

" I certify that the foregoing is a copy of all the testimony of 
F. F. , a witness examined before me by virtue of the annexed Com- 
mission, at the time and place therein specified. 

Dated No\)lesburg, April 27, 1859. H. J. , Examiner. 

\ 4b. It will be most convenient, and u is recommended to be ob- 
served in practice, that the parties should agree as to the issuing 
of the Commission, and to whom, and also agree upon the interroga- 
tories and cross-interrogatories, and enter into a stipulation, which 
may be in this form : 

i^orm No. 16. 

Stipulation for Commission. 

11 We do hereby stipulate and agree to the issuing of the annexed 
Commission, and to the examination of F. F., the witness therein 
named, by virtue thereof, in answer to the interrogatories and 
cross-interrogatories annexed, agreed to by us. 

S. L. , Junior Ward-n. 

Dated April 16, 1859. A. B." 

\ 41. No Commission shall issue to take testimony in behalf of the 
complainant, to be used on a trial on charges, without the consent 
in writing of the accused ; and in such case, if they agree upon the 
issuing of a Commission, the signing of a stipulation like that men- 
tioned in Section 40 shall be regarded as such consent in writing. 

§ 42. When testimony is taken on behalf of the complainant by 
Commission, with the written consent of the accused, it will be con- 
ducted by the same rules as on behalf of the accused herein before 
stated. 

^43. When the Commissioners meet to proceed with the trial, 
they should organize by appointing one of their number to preside 
as Chaiiman. Should they fail to do. so, the Commissioner first 



MASOXIO CODE OF PROCEDURE. 



named will preside. They should also choose one of their number 
to act as Clerk and keep the minutes of their proceedings and of 
the testimony. They should be furnished by the Secretary of the 
Lodge with a certificate of their appointment and the resolution 
under which it was made. 

§ 44. The Commissioners being duly organized, and the accused 
having answered the complaint , are prepared to hear and receive 
the evidence in the case. 

§ 45. Evidence is the means by which any alleged matter of fact, 
the truth of which ia submitted to investigation, is established or 
disproved ; and the rules of evidence, including those which relate 
to the admissibility of testimony and the competency of witnesses 
to be observed by Commissioners, are such as have been established 
and are recognized in courts of law in the ordinary administration 
of justice, and cannot be Bet forth in detail here. 

^ 46. There are certain great principles of evidence, however, 
which may be briefly stated, and which if properly regarded will be 
sufficient guides in Masonic trials, and which are : 

1. That each party to a trial is bound to produce the best and 

high> st evidence in his power to establish or disprove any 
alleged matter of fact. 

2. That to establish or disprove any alleged matter of fact, the 

matter to which a witness testifies must be within his actual 
personal knowledge ; and that the substance of the issue 
must be proved by the facts so testified, or such a series 
of facts (commonly called circumstantial evidence) as, com- 
bined, will lead to an irresistible conclusion, establishing 
or disproving an alleged matter of fact. 

3. That the burden of proof always rests with the party holding 

the affirmative, and hence, in a Masonic trial, lies upon 
the complainant first ; and in a like manner, when a de- 
fense is based upon substantive matters of fact, the burden 
of proof lies upon the accused ; and, therefore, when the 
testimony in a case is balanced, the party holding the af- 
firmative must fail. 



132 GRAND LODGE. 

4. That every material allegation in a complaint must be 

proved, and substantially as laid ; but need not precisely 
conform to the charge in matters of time and place, unless 
time and place are themselves necessary to constitute an 
offense or to confer jurisdiction. 

5. That hearsay evidence is inadmissible, except to prove 

general reputation, "which can only be known by the com- 
mon speech of others ; and that in eliciting facts from 
a witness, leading questions are not permitted. 

6. That confessions and admissions are to be received with 

great caution, and that no conviction can follow such 
proof, without further proof that the offense charged has 
been committed ; but this does not apply when a plea of 
guilty is made to the complaint — for that admits the com- 
mission of the offense itself, and its commission by the ac- 
cused. 

7. That there are certain things of which Commissioners may 

judicially take notice without proof, such as facts in his- 
tory, or geography, or any science, and the operation of 
the laws of nature. 

8. That but one witness is necessary to establish a fact or series 

of facts within his knowledge, except when the rules of 
criminal law require an additional witness. 

9. That no witness is to be excluded on the ground of religious 

belief, or of interest ; and that the accused is a compe- 
tent witness in his own behalf. 

§ 47. When a person accused of an offense Masonically, has been 
convicted of it upon trial in a court of law, or when it has been ju- 
dicially established in a civil action, it is unnecessary to repeat the 
evidence in a Masonic trial, but th'e record of such court, with 
proof of identity of the accused, shall be sufficient to justify a con- 
viction by Commissioners , unless an appeal shall have been taken 
from the judgment of such court. 

^ 48. The minutes of proceedings of the Commissioners may be in 
the following form : 



MASONIC CDE OF PROCEDURE. 133 

Form No. 17. 

Minutes of Commission. 

" The Commissioners appointed for the trial of Bro. A. B., on the 
complaint and answer hereto annexed (marked A), pursuant to 
the following resolution [copy resolution], assembled at the Lodge- 
room of Triluminar Lodge, No. 800, in Freetown, on Wednesday 
evening, the 20th day of April, 1859. 

Present : R. S , T. U. , and V. W., Commissioners. 

R. S. was chosen Chairman, T. U. , Clerk, and V. W., Marshal." 

" A. B. , the accused, appeared before us, and objected to T. U. , 
one of the Commissioners, on the ground that he was present at 
the meeting of the Lodge when the charges were preferred, and 
Toted for their reference. 

Bro. T. U. stated that he had formed no opinion on the subject ; 
and the other Commissioners decided that he was competent to act 
as Commissioner, to which Bro. B. took an exception. 

The complaint was then read by Bro. S. L. , Junior Warden, to- 
gether with the answer of Bro. A B. 

Bro. B. then requested that P. S. , an attorney at law, who is not 
a Mason , should examine the witnesses on his behalf, and assist him 
in his defense. The Commissioners decided against the request, to 
which Bro. B. took an exception. The Commissioners further 
stated that Bro. B. might engage the services of any Brother Mason 
to assist in his defense, and he therefore employed Bro. N. 0. to 
assist him as Counsel. 

Bro. 0. objected to the complaint as being vague and uncertain, 
but the Commissioners decided it to be sufficient ; to which Bro. O. 
took an exception. 

Bro. E. F. was then introduced as a witness by the Junior War- 
den, and testified as a Master Mason as follows : I am acquainted 
with Bro. A B. ; I saw him on Main Street, in Freetown, on the 
first day of April last ; I was on the opposite side of the street ; he 
appeared to be intoxicated ; [an objection was here made to the 
testimony as to the appearance of tbe accused, but it was overruled 
and an exception taken] he was there for about half an hour ; he 
reeled as he walked ; &c. 

On cross-examination, Bro. E. F. further testified : I know that 
Bro. B. had been sick ; &c. 

The Commissioners then adjourned to meet at the same place on 
Thursday evening, the 21st of April, 1859, at seven o'clock, p. m. 

Thursday Evening, April 21, 1859. 
The Commissioners met pursuant to adjournment : 
Present ; All the Commissioners ; and also, Bro. L. , the Junior 



134 GRAND LODGE. 



Warden, and Bro. A. B. and his counsel, Bro. ; Bro. U. officiated 
as Chaii man- 
Mr H. C. was then introduced as a witness by the Junior Warden , 
and stated as follows : I was in Freetown on the first day of April, 
instant ; A. B. was there, &c. 

The proofs on the part of the complainant here rested. 

Bro. O , on behalf of Bro. A. B. , then produced the sworn affi- 
davit of Mr. J. R. , and offered it in evidence, to which the Junior 
Warden objected on the ground that Mr. R. should be produced for 
crosR examination. 

'Ihe Commissioners sustained the objection on that ground, and 
Bro. O. excepted. 

Bro. R was then introduced, and the Junior Warden then con 
sented that his affidavit might be read, and which was then read 
accordingly, and is hereto annexed (marked B). 

The Junior Warden then cross-examined Mr. B.,who stated as 
follows : &c. 

The testimony of F. F., a witness examined by Commission on 
the part of the accused, was then read in evidence, and is hereto 
annexed (marked C). 

The proofs being closed, after hearing both parties, the Commis- 
sioners decided to meet again on the 23d day of April, instant, to 
determine on their report. 

Saturday, April 23, 1859. 

The Commission again met, by themselves, and after consulta- 
tion, decided upon their report, a copy of which is hereto annexed 
(marked D), and notified the parties thereof. 

(Signed by the Commissioners)." 

§ 49. In Masonic trials and proceedings thereupon, the following 
rules, indicated in the form of minutes given in Section 48, should 
be observed ; 

1. The statement of objections with the grounds of them, and 
the decision of the Commissioners thereon should be stated. 

3. The respective parties may have counsel, but no attorney 

or counsel not being a Mason, shall be permitted to act in 
a Masonic trial. 

4. Witnesses who are Masons testify by virtue of their obliga- 

tions as such ; other witnesses must sign their names to 
their testimony, and verify it before some officer duly au- 
thorized to administer an oath, the credibility of witnesses 



MASONIC CODE OF PROCEDURE. 135 

depending upon their general character, which may be im- 
peached. 
6. No testimony shall be taken or received npon any trial, when 
the accused appears in person or by counsel at the 
trial, except in the presence of the accused or his counsel , 
and an opportunity given to them for cross-examination, 
and when taken down must be as nearly a3 possible in 
the words of the witness, and as if speaking in the first 
person. 

6. Every proceeding upon trial, including the time and place of 

adjournment , should be carefully noted in the minutes. 

7. No person shall be permitted to be present at a Masonic 

trial but Master Masons, except a witness, and he only 
while testifying. 

8. A Masonic trial should be conducted in all respects as near as 

may be like the trial of an action of a criminal nature in a 
court of record, and be governed by the same general rules. 

9. "When a trial is concluded, the Commissioners shall deliberate 

by themselves, without other persons being present till 
their decision be made, which should be as speedily as pos- 
sible, and of which notice in writing should be given to the 
respective parties. 
^ 50. The notice of decision may be in the following form : 

Form No. 18. 

Notice of Decision. 
" To Bro. S. L., Junior Warden, and Bro. A. B. ; 

You will each take notice that we have agreed upon and signed 
our report in the matter of charges against Bro. A. B. , referred to 
us by which we have found the charges sustained, and Bro. A. B. 
guilty thereof, and that the expenses of the proceedings be paid by 
him ; and that we shall present the report to Triluminar Lodge at 
its Stated Communication on the 80th April, instant. 

Dated April 23, 1859. (Signed by the Commissioners).' 

§ 51. The decision having been. agreed upon, the Commissioners 
will draw up their report thereof for the action of the Lodge. It 



need not, in the first place, state anything but the facts found and 
the conclusions thereon of the Commissioners. These conclusions, 
like those of other committees, should be in the form of resolutions, 
for the definite action of the Lodge. 

§52. On the presentation of the report, if the Lodge desire to 
have the minutes of the proceedings read, including the testimony, 
the Commissioners must comply by reading the same, embracing 
them in a supplementary report. 

§ 53. The report should be full, and may be in the following form : 

Form No. 19. 

Report of Commissioners. 
" To the Master, Wardens, and Brethren of Triluminar Lodge, No. 
800; 

The Commissioners appointed for the trial of Bro. A. B. on charges 
of intoxication, heretofore preferred in this Lodge, respectfully re- 
port : 

That they met at the Lodge-room of this Lodge on Wednesday 
evening, the 20th of April last past, and Bro. A. B. having answered 
the complaint against him by general denial, and the Commissioners 
having duly organized, they proceeded to hear and try the matters 
referred to them. 

That objections were made to Bro. U- , one of their number, which 
they overruled, and also refused to permit Bro. B. to appear by 
counsel who was not a Mason, and therefore Bro. N. 0. appeared 
for him. That objection was made to the sufficiency of the com- 
plaint and overruled. 

That they proceeded to take testimony (in the course of which 
they decided not to admit a sworn affidavit, unless the deponent was 
present to be cross-examined), and Bro. E. F. , and Mr. H. C.,and 
Mr. J. P. were examined as witnessess ; and the testimony of Bro. 
V. F. , taken by Commission, was produced and read. 

That they held three meetings, the last of which was for the pur- 
pose of agreeing upon and preparing this report. 

That from the testimony before them they find the following facts : 

1. That Bro. A. B. was intoxicated with Htrong and spirituous 
liquors, in a public place in Freetown, on the first day of April, 1859. 

2. That Bro. A. B. has been at least twice intoxicated in a public 
place in Freetown aforesaid, within two weeks previous to the said 
first day of April, 1859. 

Th^y therefore recommend the adoption of the following resolu- 
tions : 



MASONIC CODE OF PROCEDURE. 137 



Resolved, That the charges of intoxication against Bro. A. B. , 
made and presented to this Lodge on the 9th day of April, 1859, on 
complaint of the Junior Warden, are sustained, and that he is guilty 
of the said charges. 

Resolved, That Bro. A. B. he and he is hereby suspended from this 
Loclge, and from the rights and privileges of Masonry for the space 
of three months from this date. 

Resolved, That the charges and expenses of the Commissioners, 
amounting to the sum of three dollars, are adjudged to he paid by 
eaid Bro. A. B. 

And that they have notified the Junior Warden and Bro. A. B^. of 
their decision, as expressed in the foregoiDg resolutions. 

All of which is respectfully submitted. 

R. S. ) 

Dated April 23, 1859. T. U. y Commissioners." 

V.W. } 

§ 54. If the report of the Commissioners be not unanimous, the 
Commissioner may express his dissent therefrom at 4 the end of the 
report of the majority, (and -which is recommended instead of 
making a separate minority reporl ) , in the following form : 

Form lVo. 30. 

Dissent from Commissioners' 1 Report. 

" I dissent from the report of the other Commissioners in this 
case of Bro. A. B. , both in their findings of fact and their conclu- 
sions therefrom, as expressed in the resolutions contained in their 
report. 

Dated April 23, 1859. V. W., Commissioner." 

§ 55. The report of the Commissioners having been made to the 
Lodge, some brother should move for the adoption of the resolutions, 
and no motion for its acceptance is necessary, as a report is always 
accepted unless objection be expressly made ; but if a supplement- 
ary report is required, that should first be moved ; but if the Com 
missioner dissents from the report in part only, it may be expressed 
in this form : 

" I dissent from so much of this report as finds that Bro. A. B. 
has been at least twice intoxicated, in a public place in Freetown 
aforesaid, within two weeks previous to the first day of April, 1859 ; 
and from so much of the second resolution annexed thereto as fixes 
the term of his suspension at three months. 

Dated April 23, 1859. V. W. , Commissioner. " 



138 GRAND LODGE. 

§ 56. If the resolutions annexed to the report of the Commission- 
ers are adopted by the Lodge, then it stands as the judgment in the 
case until properly reversed. 

§ 57. The Lodge may, by resolution, reverse the decision of the 
Commissioners, in every particular, except as herein stated ; or it 
may modify or change it by increasing or diminishing ihe penalty ; 
but it may not reverse or modify the decision as to expenses : which 
can only be reversed, modified, or changed on appeal. 

(} 58. A majority vote of the Lodge is sufficient to adopt or reject 
the decision of the Commissioners as to the guilt of the accused, or 
to approve or modify the penalty. 

^ 59. If the accused be absent from the Lodge, it shall be the duty 
of the Secretary forthwith to transmit a copy of the resolutions 
adopted by the Lodge in his case, with a notice, which may be in 
the following form : 

Form No. 31. 
Notice of Judgment. 
" To Bro. A. B. : 

Take notice, that the foregoing is a copy of resolutions adopted by 
Triluminar Lodge, No. 800, at their Communication held in their 
Lodge-room in Freetown on the 30th day of April, instant. 

Dated April 30, 1859. P. Q , Secretary. " 

§ 60. Proceedings in case of an unaffiliated Mason ; complaints 
against a Lodge ; or complaints against a Master ; or by one Lodge' 
against another Lodge ; or against a member of another Lodge — 
will be conducted in like mauner, conforming to tribunals, circum- 
stances, and persons charged, to be preferred to officers or body , and 
to be acted upon by Commissioners in like manner. Such com- 
plaints should be distinctly addressed to the officer or body who is 
to act thereon— should be definite and specific in their nature, con- 
forming to constitutional or legal provisions, and are to be acted 
upou by Commissioners appointed by such officer or body. 

§ 61. Commissioners appointed in the cases referred to in Section 
60 will prescribe the penalty, as in case of Commissioners appointed 
by the Master of a Lodge, and the decision of such Commissioners 
is final, unless an appeal be taken therefrom. 



MASONIC CODE OF PROCEDURE. 139 



§62. The report of the Commissioner mentioned in Section 60 
must be made to the officer or body appointing them, and notice 
thereof will he given to the parties by the Commissioners, -adapting 
such notice to Form No. 20. The report of such Commissioners 
need not conclude with resolutions, but should contain a finding of 
the facta and the conclusion therefrom in an award of judgment in 
the nature of both a verdict and sentence. The report of such Com- 
missioners and their notice of judgment may be in the form follow- 
ing : 

Form No* 33. 

Report of Commissioners not Appointedty a Master. 

" To H. W. J . S. , Grand Master [or R. W. B. E., D. D. G. M. 4 as the 
case may bej : 

The undersigned Commissioners, appointed by you in the case of ! 
Bro A. B , of Triluininar Lodge, No. 800, in the "matter of charges 
of intoxication preferred against him by Bro. C D. , of Anchor Lodge, 
No SOI, on the 9th day of April, 1859, having heard the same upon ' 
the said charges and the answer thereto, and the proofs and allega- 
tions of the parties, do respectfully report : 

That they have adjudged and determined as follows : 

1. That said charges are sustained, and that Bro. A. B.is guilty 

of the r=aid eharges. 

2. That the said Bro. A. B. be and he is hereby suspended from 

eaid Triluminar Lodge and from the rights and privileges 
of Masonry for the space of three months. 

3. That the said Bro. A. B. do pay the costs and expenses of 

the proceedings on this trial, amounting to the sum of 
thirty dollars. 
And they further report that a duplicate hereof has been duly 
filed with the Grand Secretary. All of which is respectfully sub- 
mitted. 
Dated April 23, 1859. [Signed by the Commissioners]." 

§ 63. The notice of judgment given by said Commissioners may be 
in the following form : 

. Form No. 33. 

Notice of Judgment ~by Commissioners. 
" To Bro. C. D. and Bro. A. B. : 

Tate notice, that we have this day made and signed our report 

to the M. W. Grand Master £or R. W. , D. D. G. M.] , by 

which we have adjudged and determined that Bro. A. B. is guilty 



140 GRAND LODGE. 



of the charges preferred against him by ?>ro. C. D. , and that he he 
suspended from Triluminar Lodge, No. SOU, and from the rights and 
privileges of Masonry for the space of three months ; and that he 
do pay the costs and expenses of the proceedings on his trial before 
us, amounting to the sum of thirty dollars. 
Dated April 23, 1859. [Signed by the Commissioners]." 

§ 64. Notices of judgment in the case mentioned in Section 59 and 
tins section must be served in the same manner as the complaint, 
as the time for appeal commences to run from the time of such ser- 
vice. 

§ 65. When the accused fails to appear or answer, testimony must 
be taken in the same manner as if he appeared and defended, and 
with even more technical accuracy, fullness, and certainty ; and it 
is recommended and enjoined that, in such cases, some competent 
brother be designated and required to appear for the accused, and 
to take care that he have a fair and impartial trial. 

§ 66. The report upon a hearing and conclusions when the parly 
fails to appear, may be in the following form : 

Form No. 24. 

Form of Beport when Accused Fails to Appear. 
" To the Master, Wardens, and Brethren of Triluminar Lodge, No. 
800: 

The Commissioners appointed for the trial of Bro. A. B. , on 
charges of intoxication heretofore preferred in this Lodge, and 
which are hereto annexed, respectfully report : 

That they met at the Lodge-room of this Lodge on Wednesday 
evening, the 20th April, 1859, and all of thi-ir number were pre.-ent. 
That Bio. A. B. did not appear. That Bro. P. Q., the Secretary of 
this Lodge, was then examined orally by them, and testified as a 
Master Mason, that he served a cojy of the complaint on said 
charges on Bro. A. B. personally, in Freetown, on the 6th day of 
April, 1859. That A. B. not appearing after the lapse of more than 
one hour, and fearing there might be a misapprehension, they ad- 
journed one week, to meet at said Lodge-room on the 27th day of 
April, 1859, at seven o'clock, p M., and requested the Secretary of 
the Lodge to notify Bro. A. B. of the adjournment. 

That they met at said Lodge room ou the day and hour of ad- 
journment. That Bro. A. B. did not appear. That they then ex- 
amined Bro. P. Q. , who testified as a Master Mason, that he informed 



MASONIC CODE OF PROCEDURE. 141 



Bro. A. B. on the morning of the 21st April, instant, of the adjourn- 
ment, and particularly notified him of the place, day, and hour. 

Tbat after waiting more than one hour, they proceeded to hear 
proofs, and the Master having appointed Bro. D. C. to appear for 
Bro. A. B. , he appeared accordingly, and heard the proofs and 
cross-examined the witnesses. That Bos. E. F. , L. M.,and 0. N. 
were examined as witnesses, and testified as Master Masons, .and 
'their testimony was taken in lull, and appears in these minutes. 
And that having closed the testimony, they heard the argument of 
Bro. D. C. in behalf of the accused, and of the Junior Warden* on 
the part of the Lodge. That without adjournment they proceeded 
to consider the matter, and after consultation made a conclusion 
thereon. 

That from the testimony before them they find the following 
facts." 

[Finding same as in Form No. 19 in ^ 53, and first two resolutions 
the same.J 

" That there were no costs or expenses attending the trial, and 
they make none for their attendance. And that tht-y have notified 
the Junior Warden and Bro. A. B. of the conclusions embraced iu 
this report. 

All of which is respectfully submitted. 

R. S. ) 

Dated April 27, 1S59. T. U. V Commissioners." 

V. W. j 

Notice of j udgment to he given herein the same as in fj 63. 

§ 67. When a complaint is made and the charges therein are ad- 
mitted or confessed, proof of .such admission or confession will he 
sufficient to authorize Commissioners to make up their minutes and 
leport accordingly, in which case proof that a crime has heen com- 
mitted will also be indispensably necessary. 

§ 63. It shall be deemed in all cases a disqualification for a Com- 
missioner to aet, that he is a witness to prove any fact which proves 
or disproves, or leads to prove or disprove the guilt or innocence of 
the accused. 

PART II. 

Of Appeals. 

§ 69. A Masonic appeal is a proceeding before the Grand Lodge 

or a Grand Officer, by which the acts and decisions of a Lodge or 

Commissioners upon a trial, or upon a first appeal aro reviewed, in 



142 GRAND LODGE. 

order to arrest errors of law or fact alleged to have been made 
by a Lodge, Grand Officer, or Commissioners, from whose decisions 
and judgment the appeal is taken, so that justice may be done to 
all parties concerned ; and such appeal may be bi ought by any 
party alleging himself aggrieved thereby. 

§ TO. The Constitution of the Grand Lodge provides that appeals 
from the decision of a Lodge or Commissioners may be made within 
siS months ; but it is advisable that when a party is intending to 
appeal he should give notice of it forthwith. 

§ 71. The first step taken rray be either the appeal in form, or 
simply notice thereof, but such notice must always be given, before 
or after appeal, and may be in the following form ; 

Form No. 25. 

Notice of Appeal, 

" To P. Q. , Secretary of Triluminar Lodge, No. 800 : 

Take notice, that I shall take an appeal to the Grand Lodge of 
the State of New York [or the M. W. Grand Master] from the action 
of said Triluminar Lodge, on tbe 30th day of April, 1859, in adopt- 
ing the resolutions reported by the Commissioners in the matter of 
the Complaint against me by the Junior Waiden of said Lodge, and 
heard and tried by said Commissioners, and that I shall appeal on 
the grounds stated in my said appeal. 

Dated, May 4, 1859. A. B." 

[If notice is given after appeal taken, it will be varied by stating 
"I have taken an appeal," &c.,and "I have appealed on the 
grounds," &c] 

5) 72. On receiving notice of appeal, the Secretary of the Lodge or 
Grand Officer (as the case may bt) will transmit to tbe officer or 
body to whom or which the appeal is taken, a copy of all papers iu 
the case from the complaint to the notice of appeal, both inclusive, 
duly certified, and attested. 

^ 73. When the appeal is brought it should contain minutely and 
in detail the grounds of appeal, and unless such grounds be speci- 
fied, it shall not be regarded as an appeal. 

\ 74. The appeal may be in the following form : 



Form No. 36. 

The Appeal. 

"To ike Grand Lodge of the State of New York [or M. W. Grand 
Master] : 

The undersigned hereby appeals to you from the decision of Tri- 
lumiuar Lodge, No. 800. made April 30, 1859, in adopting the reso- 
lutions reported by Commissioners, declaring him guilty on com- 
plaint of intoxication, suspending him for three months, and ad- 
judging him to pay the expenses of the trial ; and he specifies the 
following as the grounds of his appeal : 

1. TuatT U., one of the Commissioners on his trial, was incom- 
petent to act as such, having been present at the meeting of said 
Lodge when the complaint against him was preferred, and voted for 
its reference to Commissioners. 

2. That the Commissioners erred in deciding that P. S., Esq., 
should not be allowed to assist him in his defense. 

3. 'that the second specification of the complaint is vague and 
uncertain. 

4. That the Commissioners erred in receiving testimony as to ap- 
pearances tf int'xication. 

5. That 1hey erred in rejecting the sworn affidavit of J. R. 

6 That the proofs in the case were not sufficient to warrant their 
findings of fact. 

7. Ttiat the Lodge erred in passing the aforesaid resolutions by n 
majority vote. 

All of which appears by the papers, proceedings, and evidence in 
the case. 

Dated May 11, 1859. A.B." 

§ 75. A copy of the appeal should be served on the Secretary of 
the Lodge or Officer (is the case may fce), and a copy also sent or 
delivered to the Grand Secretary, who shall forthwith notify the 
Lodge or other complainant thereof. 

^76. An answer to the appeal should be made within the time re- 
quired by the Lodge or officer by whom the decision or judgment was 
pronounced, and unless answered within thirty days after notice 
thereof, the appeal may be regarded as admitted to be well taken. 

§ 77. The answer to the appeal may be in the following form : 



144 GRAND LODGE. 

Form No. 37. 

Ansicer to Appeal. 

"Triluminar Lodge, No. SCO, answers the appeal of A. B. , and 
says : 

That the said Lodge denies that there is any error in the proceed- 
ings of said Lodge, or of the Commissioners appointed for ihe trial 
of the said A. B. , and further sa\ s that the decision of said Lodge 
in said case is sustained both by Masonic law and the evidence 
therein applicable thereto. 

Dated May 21,1859. S. I,., Junior Warden/' 

§78. If a specific denial is deemed necessary, taking issue upon 
each of the grounds of appeal and assigning reasons therefor, it may 
be in the following form : 

Form No. 28. 

Specific Answer to Appeal. 

" Triluminar Lodge, No. 800, answers the appeal of A. B.,anJ 
says : 

That the said Lodge denies that there is any error in the proceed- 
ings of said Lodge, or of the Commissioners appointed for the trial 
of the said A. B. , because the said Lodge says : As to the first 
ground of appeal, that if well taken it would be an objection to 
every act of the Lodge and its members in the premises. 

And because the said Lodge says as to the second ground of ap- 
peal, &c. 

[And so answering in detail each ground of appeal, and conclud- 
ing thus :] 

And the said Lodge further says : That the decision of said Lodge 
in said case is fully sustained both by Masonic law and the evidence 
therein applicable thereto 

Dated May 21, 1S59. S. L., Junior Warden." 

§ 79. The Grand Lodge (by its appropriate Committee), or the 
officer to whom the appeal is made, may hear the same upon oral 
or written argument, as the parties may agree ; or it may be heard 
upon appeal and answer only, if they sufficiently present the case. 

§ 80. Notice of the time and place of hearing shall be given, and 
may be given by either party, and may be in the following form : 



MASOXIC CODE OF PROCEDURE. 145 



Form No. 39. 

Notice of Argument. 
" To S. L., Junior "Warden ; 

" Take notice, that the appeal in the matter of charges in Trilumi- 
nar Lodge agaiDst A. B., from the decision of said Lodge, to the 
Grand Lodge, -will be moved on for argument before tbe Committee 
on Appeals (Commission of Appeals) of the Grand Lodge (or Grand 
Master), at , on the day of , 1859, at 10 o'clock 

A. M. 

Dated, Freetown, October 6, 1859. A. B." 

5) 81. "When a perfect transcript of all the papers and proceedings 
in the case has not been made by the Lodge, or officer appealed 
from, an order may be made by the G. 11. , or D. D. G. M. compell- 
ing the same, and may be in the folio wing form : 

Form .No. 30. 

Order for Papers on Appeal. 

" Office of the Grand Master of Masons, \ 
New York, Mat 28, 1859. j 

To the Master, Wardens, and Brethren of Triluminar Lodge, No. 800: 

Bro. A. B. having duly appealed from the decision of your Lodge, 
made on the 30th April, 1859, suspending him for three months, 
you are hereby required to transmit by tbe hand of your Secretary 
under seal of your Lodge, a transcript of all the proceedings of your 
Lodge in the case of the said A. B. , from the time of tbe presenta- 
tion of the complaint against him until the final action of your 
Lodge thereon, with the several dates thereof, together with all 
papers and documents relating thereto not heretofore returned, 
wuhin days from the receipt hereof by you. 

Given under my hand and private seal 1 J W S T^eal 1 

on the day and year first above written. J • • ■ L -1 

Grand Master." 

§ 82. The Grand Lodge, or officer to whom the appeal is made, 
will, with all convenient dispatch, make a decision thereon ; and, 
if made by a Grand Officer, such decision should be immediately 
filed by him with the Grand Secretary, together with all papers re- 
lating to the appeal. 

§ 83. The decision of a Grand Officer on appeal may be in the fol- 
lowing form : 



Form No. 31. 

Decision on Appeal. 

" Office of the Grand Master of Mason's, \ 
Penn Yan, N. Y. , June 4, 1859. J 
In the Matter of the Appeal ") 

of y 

Bro. A. B., of Triluminar Lodge, No. 800. J 

Bro. A. B. having appealed from the decision of Triluminar Lodge, 
No. 800, made on the 80th April, 1S59, by which he was found 
guilty and suspended from the rights and privileges of Masonry for 
three months, on charges of intoxication ; and having heard the 
argument of the case, 1 have carefully considered the facts appear- 
ing on said appeal, and the grounds of error alleged by the appel- 
lant, and theie does not appear to be any error or irregularity in the 
proceedings, or in the several decisions of the Commissioners on the 
trial, and the facts of the case warrant the conclusions of the Com- 
missioners and the decision of the Lodge." 

[If the officer desires to review the facts, in giving his decision, 
or comment on any of the points raised, he may here insert his re- 
marks and reasons.]' 

" My decision and judgment therefore is, that the proceedings of 
Triluminar Lodge, No. 800, and the attached decision of said Com- 
missioners in the case of Bro. A. B. , be and the same are hereby iu 
all things affirmed. 
Given under my hand and private seal 1 ttt r-,.. i 

at the date first above written. /. *•****•! L"**- 1 

Grand Master." 

§ 84. If the decision be reversed, the appellate body or officer will 
vary the form 'accordingly, and may then give the reasons there- 
for ; and he may also make any special order which the case may 
warrant, to be dded at the end of his decision. 

§ 85. When an appeal is taken from the decision of a Grand offi- 
cer, the case will be heard on the papers which were before him, 
ai;d an appeal will bring up the matter for hearing. 

§ 86. The appeal must be served on the Lodge (by service on its 
Master or Secretary), or officer who made the decision from which 
appeal is taken, at a reasonable time (not less than twenty days), 
before the Annual Communication of the Grand Lodge, and a copy 
transmitted to the Grand Secretary forthwith. 

§ 87. This final appeal to the Grand Lodge may be in the following 
form : 



MASOXIC CODE OF PROCEDURE. 14:7 

Form No. 33. 

Final Appeal to Grand Lodge. 
" To the M. W. Grand Master, and to the Master, "Wardens, and 
Brethren of Triluminar Lodge, No. 800 ; 

The undersigned, A. B., hereby appeals to the Grand Lodge of the 
State of New York, from the decision of the M. W. Grand Master, 
made in and by his order of June 4, 1S59, in the case of this appel- 
lant affirming the decision of said Lodge on the SO u .h April, 1859, 
and this appeal is brought on the grounds particularly stated and 
set forth in his appeal to the M. W. Grand Master, dated May 11, 
1859 ; and respectfully prays your consideration thereof and judg- 
ment thereon. 

Dated June 6, 1859. A. B." 

5) S8. No answer to an appeal from the decision of a Grand officer 
made on appeal to him is required. 

§ 89. Upon a trial or appeal, should either party desire to use 
any paper, document, or record, in possession or under control of 
the other, and the use of the same be refused, upon request made, 
an order may be made by the Grand Master, his Deputy, or a District 
Deputy, requiring its production on the delivery of an authenticated 
copy thereof, as such officer may determine. 

^ 90. The order for the production of such paper may be in the 
following form ■ 

Form No, 33. 

Order for Production of Paper. 

" Office of the Grand Master of Masons, \ 
BixGHAiiPTON, N. Y. , May 15, 1859. J 
Charges having been preferred against Bro. A. B. in Triluminar 
Lodge, No. 800, and it appearing to my satisfaction that upon the 
trial of said A. B., on said charges, it is necessary that he should 
produce and prove a certain letter, written by Bro. R. M.,of said 
lodge, to the Secretary of said Lodge, bearing date about the 3d 
day of April, 1859, and that the same is not a printed letter, it is 
hereby ordered that said Secretary produce said letter, to be used 
on said trial and for no other purpose whatever. 

Given under my hand and private seal "I C J P Tseai. 1 

on the day and year first aforesaid. j • • •> L J 

Grand Master." 



148 GRAND LODGE. 

(j 91. The time required in proceedings on Masonic trials and ap- 
peals for answers, notices, &c, shall be as follows : 

1. For answer to complaint, ten days ; 

2. For notice of trial before Commissioners, ten days ; 

3. For notice of application for Commission to examine wit- 

nesses, four days ; 

4. For preparation of cross-interrogatories, two days ; 

5. For notice of settlement of interrogatories and cross-inter- 

rogatories, two days ; 

6. For notice of decision, to be five days before time of presen- 

tation of report of Commissioners to a Lodge, or Grand 
officer ; 

7. For notice of appeal, thirty days after notice of decision ; 

8. For answer to appeal, ten days ; 

9. For notice of argument on appeal, eight days. 

But when a complaint or notice is sent by mail, five days shall be 
added to the time specified in each case above. The time in each of 
the cases specified may be enlarged on sufficient cause shown, by 
order made by the Grand Master, or a District Deputy Grand Master. 
Of course, the time in each case may be enlarged or diminished by 
consent of parties. 

PART III. 
Of Bestoration. 

\ 92. A brother having been tr,ied and convicted, and the penalty 
inflicted, will, if he is attached to Free-Masonry and its principles, 
desire to be restored to his former position ; and the demands of 
justice having been satisfied, mercy should be remembered. 

§ S3. Restoration is the act by which an erriDg but repentant 
brother regains a title to and possession of all his former rights and 
privileges. 

§ 94. Restoration being a voluntary act on the part of a Lodge or 
Grand Lodge, cannot be claimed as a matter of right, and can there- 
fore never be compelled or enforced. 



MASONIC CODE OF PROCEDTJBE. 149 

§ 95. As the penalties of reprimand and suspension are only tern 
porary in their effect, and a brother becomes fully restored to all 
former rights and privileges , when he has suffered the penalty for 
such offenses, restoration only applies to those who have been ex- 
pelled, except in cases of striking from the roll for non-payment of 
dues, now so modified as to be unnecessary to be here considered. 

5j 98. A reversal of the judgment of a Lodge restores a brother to 
the rights and privileges of Masonry, and also to membership in the 
Lodge. 

§ 99. Restoration by the action of the Grand Lodge does not re- 
store a brother to membership in the Lodge, which can only be done 
by action of the Lodge of which he was a member. 

§ 101. The Grand Lodge may restore a brother after the lapse of 
one year from the time of expulsion, but in such case he remains 
unaffiliated until restored to membership by the Lodge. 

^ 102. Application to the Grand Lodge for restoration may be in 
the following form : 

Form No. 34. • 

Application to Grand Lodge for Restoration. 

"A. B. , late a member of Triluminar Lodge, No. 800, at Free- 
town, respectfully represents : That he was tried by Commissioners, 
duly appointed in said Lodge, upon charges of habitual intoxication, 
and, having been found guilty, was expelled from said Lodge, and 
from all the rights and privileges of Masonry, on the 30th day of 
April, 1859 ; and that (more than one year has elapsed since) said 
judgment of expulsion (which) still remains in full force ; that hav- 
ing foisakeu his intemperate habits and become reformed therefrom, 
and having a strong attachment to Masonry, he earnestly desires to 
be restored to his former good standing. He therefore respectfully 
prays that he may be accordingly restored to all tbe rights and 
privileges of Masonry. 
Dated, Freetown, May 7, I860. A. B." 

§ 103. This application having been presented in Grand Lodge, 
will be referred to a Committee (on Grievances, probably), and it is 
proper and necessary that notice should be given by the Committee 
to the Master of the Lodge that expelled such applicant, in order 
that such Master may be heard before the Committee. 



150 GRAND LODGE. 

§ 104. If the Committee report favorably, the adoption of its re- 
port by the Grand Lodge by a majority vote restores the applicant 
to the rights and privileges of Masonry without further action. 

§105. When an appeal has been taken from a judgment of expul- 
sion to the Grand Lodge, and the decision of the Lodge affirmed on 
appeal, then the foregoing form of application for restoration may 
be varied by striking out the words next after " 1859," and to and 
including the word " expulsion " in the same sentence, and insert 
in place of them : " and that upon appeal to the Grand Lodge the 
said judgment was affirmed," and then add the remaining part of 
the form as before. 



GRAND LODGE. 151 



Form of Petition for a New Lodge. 



To the M. W , Grand Master of Masons in the State of 

New York; 

The undersigned petitioners , being Free and Accepted Master Ma- 
sons, having the prosperity of the Fraternity at heart, and willing 
to exert their best endeavors to promote and diffuse the genuine 
principles of Free Masonry, respectfully represent — That they are 

desirous of forming a new Lodge in the of , 

to be named Lodge. They therefore pray for letters of 

dispensation, to empower them to assemble as a regular Lodge, to 
discharge the duties of Masonry, in a regular and constitutional 
manner, according to the original forms of the Fraternity, and the 
regulations of the Grand Lodge. They have nominated and do re- 
commend Brother A. B. to be the first Master ; Brother C. D. to be 
the first Senior Warden, and Brother E. F. to be the first Junior 
Warden, of said Lodge. If the prayer of this petition shall be 
granted, they promise a strict conformity to the edicts of the Grand 
Master, and the Constitution, Laws and Regulations of the Grand 
Lodge. 



152 FORM OF CERTIFICATE. 



Form of Certificate 

KnCOMMENDIXQ A DISTKNSAT10X TO ESTABLISH A NEW LODGE. 



" At a stated communication of Lodge, No , 

held at , in , on the .... da y of , 

13 . . , the following resolutions were adopted ' 

" ' Resolved, That this Lodge do recommend the petition of Bros. 
A. B. , C. D. , E. F , etc. [naming all the petitioners], praying for a 

dispensation to establish a new Lodge at , by the Dame 

of Lodge, and do avouch for said petitioners as beiug 

Master Masons in good standing ; and being the nearest Lodge there- 
to, do recommend that the prayer of the petition be granted.' 

" ' Resolved, That, in the judgment of this Lodge, Bros. A. B. , C. 
D. and E. F., named In said petition as Master and Wardens of said 
new Lodge, are competent to confer the three degrees and impart 
the lectures, they having exhibited their work in said degrees before 
this Lodge.' 

" In witness whereof, we have caused our Lodge seal 
to be affixed, and our Secretary to wubscribe his 
[seal.] name thereto." 

" , Secretary." 

If the Lodge applied to be other than the " nearest Lodge," the 
certificate will embrace only the first resolution, thus modified : 
Strike out the words " the nearest Lodge thereto," and insert the 
words, u one of the Lodges whose territorial jurisdiction it affected 
thereby." The resolution, thus certified, should go upon the record. 
Such Lodges may also omit the voueher of the petitioners as Master 
Masons. 



Form of Proxy, to Represent a Lodge. 

1 ' This is to certify , that at a Stated Communication of 

Lodge, No ,held on the day of. , 

A. L., 58.., our Worshipful Brother , Past 

Master (or Master) of Lodge, No , was duly 

appointed proxy, to represent this Lodge in the Grand Lodge of the 
State of New York, at the next annual communication thereof. 

Given under my hand and seal of the Lodge, at 

[seal.] this day of , 18 . . . . 

Attest : Master. 

Secretary." 



Form of Demit. 

" Tkiiuminar Lodge, No. 800, F. & A. M. 

lb the Master, Wardens and Brethren of Lodge, No .• 

This is to certify that, Brother , a mem- 
ber in good standing of this Lodge, having made application for a 
Dimit, and notice having been reeeived that said Brother has peti- 
tioned your Lodge for affiliation therein, a resolution has been 
adopted by this Lodge that a Dimit shall be granted, upon the con- 
dition that 6aid Brother 6hall consumate his affiliation in your 
Lodge. Of which act of affiliation you will give this Lodge timely 
notice. And upon the event of failure to consumate such member- 
ship, this Certificate of Dimission is to be returned to this Lodge. 

Given under my hand and the seal of the Lodge, at 

[seal.] , this day of , 

A. L.68.... 

Attest : Master. 

Secretary." 



INDEX. 



PAGE. 

A. 

Advancement 51, 96 

Affiliation 93, 94, 95 

Adverse Ballot 51 

Amendments (proposed) •. Ill 

Appeal (See Code) 72, 73 

B. 

Ballot 50, 51, 94, 97 

Books of Lodge 68 

By-Laws of Lodge 49 

C. 

Candidates 50, 51, 52 

Charities 69, 70 

Clandestine Work 70 

Code of Trial and Appeals 119 

Communications, Grand Lodge 22, 25 

Constitutions Denned 29 



D. 

Decisions in Trials (See Code) 98 

Degrees 51, 52 

Deputy Grand Master 35 

Dimission 82 

Discussion on Candidates 95 

Disobedience to Grand Lodge 47 

Dispensations 61, 77,81 

District Deputies * 40 

Dues to Grand Lodge '. 43, 47 

Dues to Lodge ' 85 

Duties of Grand Officers 30 

Duties of Lodge Officers 72 

Duty, Neglect of. 71 



156 



E. 

Edicts Defined 29 

Election in Lodge 60 

" " Grand Lodge 23 

Elective Officers of Lodge 60 

" " of Grand Lodge 22 

Expulsion 76 

Expenses of Trials 100 

P. 

Fees 41 

Funds of Lodges 70 

Forms 151-153 

*G. 

Grand Master 31 

Grand Lodge Members 21, 25 

Grand Officers Appointed 22 

H. 

Hall and Asylum 44 

Honorary Members 79 

J. 

Judicial Powers, Lodge 46 

" " Grand Lodge 26 

Jurisdiction, Lodge 50, 99 

" GrandLodge 56 

L. 

Labor, Masonic 70 

Landmarks 28 

Lodge U. D.. . . » 48 

" Warranted 46 

" Dissolution 47 

" Properties 47 

" Suspension 48 

" Seal 68 

" Precedence 68 

M. 

Master of a Lodge 4G, 71 

Membership 49, 79, 82 

Minutes 75 



INDEX. 


157 




N. 








85 


New Ludges 




61 




O. 




One Degree at a Time . . . 


P. 


95 


Pay of Representatives.. 




60 

50,94, 97 


Power of Lodge to Asses 

" " to make 

Proxies 




66 








24,65 




d. 




Questions for Petitioners 


R. 


89 






68 












76 






109 




S. 








68 


Standard Work 










154-168 


Surrender oi Yv arrant. . . 




... 47 

76 




T. 




Trial of Appeals (See Code) 


98 




U. 




Unaffiliation 




87 




V. 




Vacancy in Office 




64 71 


Visitors 




67 


Votes 








w. 




Warrant 




47 


Warranted Lodge 




AR 





158 



CODE OF PROCEDURE. 

A. 

Answer to Complaints 125 

" " Special 125 

Appeals HI, 113 

Answer to Appeals, General 144 

" " Specific 144 

Application to Grand Lodge for Restoration 149 

C. 

Code of Procedure 119 

Complaint 120, 121, 122 

" for Disobeying Summons 126 

Commission for Witness 128 

Certificate of Interrogatories 130 

" " Recommendation to Form a New Lodge. 152 

D. 

Deposition 129 

Dissent from Commissioner's Eeport 137 

Decision on Appeal 146 

Dinrit, Form of 153 

F. 

Final Appeal to Grand Lodge 147 

Form oi Proxy to Represent a Lodge. . . 152 

I. 

Interrogatories, Direct 128 

" Cross 129 

M. 

Minutes of Commission 133, 134 

N. 

Notice of Complaint 123 

" " Commission 127 

" "Decision 135 

" " Judgment 13S, 145 

" " " by Commissioners 139 

" " Appeal 142 



159 



o. 



Order for Papers on Appeal 145 

" " Production of Papers 147 

P. 

Petition of New Lodge, Form of 151 

Proxy, Form of Certificate 152 

R. 

Ecport of Commissioners 136 

" " Commissioners not Apppointed by the 

Master 139 

" when Accused Fails to Appear 140 

Eestoration 148 

S. 

Summons of Witness * 126 

Stipulation of Commission 130, 131, 132 

Standard Form of By-Laws Appendix. 



STANDARD FORM OF BY-LAWS. 

Adopted June, 1858. 

[Intended to serve as a Guide in the formation of By-laws 
for Subordinate Lodges, and subject to such alterations, 
not inconsistent with the Constitution, as the convenience 
of the Lodges may dictate. J 

AKTICLE I. 

§ 1. The Stated meetings of this Lodge shall be on the 

and days in every month. The hour of meeting, 

from April 1 to October 1, shall be 8 o'clock; and 7k o'clock 
the remainder of the year. 

§ 2. Special Meetings may be called by the Master, upon 
any emergency which he, in his judgment, may deem 
necessarj' ; but no business shall be transacted by such 
special meeting but that for which it was called. 

ARTICLE II. 

§ 3. The members of this Lodge are all who have been or 
may be initiated in or affiliated therewith, who have sub- 
scribed their names to these By-laws, and who have not 
withdrawn, or been excluded for unmasonic conduct or 
nonpayment of dues. 

AETICLE HI. 

OFFICEES — THEIR ELECTION, INSTALLATION, AND DUTIES* 

§ 4. The Officers of this Lodge shall be ranked and 
entitled as follows: 

1. The Master; 

2. The Senioe Warden; 

3. The Junior Warden; 

4. The Treasurer; 

5. The Secretary; 

6. The Senior Deacon; 

7. The Junior Deacon; 

8. The Stewards or Masters of Ceremonies ■ 

9. The Tiler. ■ 



ii 



MASONIC CODE. 



§ 5. All the officers shall be elected at the stated Com- 
munication next preceding the festival of St. John the 
Evangelist, and be installed on or before the next stated 
meeting thereafter. 

§ 6. Any member months in arrears for dues, shall 

not be entitled to vote at said election. 

§ 7. The duties of the officers of this Lodge, in addition 
to those not proper to be written, are as follows : 

THE MASTER. 

To preserve the Warrant of the Lodge with unfailing 
care, and deliver it to his successor in office; to see that 
these BjMaws, the Constitution of the Grand Lodge of the 
State of New York, and the Ancient Constitutions of Free- 
masonry, be duly understood, respected, and obeyed by the 
members; to represent the Lodge, in conjunction with the 
Senior and Junior Wardens, at all the Grand Communica- 
tions of the M. W. Grand Lodge; to draw all orders on the 
Treasurer, with the consent and approbation of the Lodge; 
to see that all cases of offense against the laws of the order be 
fairly dealt with, according to these By-laws, and the Consti- 
tutions and Rules of Masonry; to report to the Lodge his 
proceedings in the Grand Lodge, and to cause the printed 
Transactions to be read for the information of the brethren. 

THE SENIOR WARDEN. 

In addition to those duties which appertain to every 
individual Mason, the duties of the Senior Warden are : to 
succeed to and exercise all the powers of the Master in the 
event of his absence; to represent the Lodge, in conjunction 
with the Master and Junior Warden, in the Grand Lodge; 
to aid the the Master in governing the Craft during the 
hours of labor. 

THE JUNIOR WARDEN. 

It is the duty of the Junior Warden to exercise all the 
powers of the Master, in the absence of the two officers 
above him; to represent the Lodge, in conjunction with 
the Master and Senior Warden, in the Grand Lodge; to 
take charge of the Craft during the hours of refreshment. 



THE TREASURER 

Is to receive all moneys from the hands of the Secretary; 
pay out the same by order of the Master and consent of the 
Lodge; to submit his accounts, when required by the 
Master or Lodge, for examination; to deliver to his suc- 
cessor in office all the moneys, books, vouchers, and other 
properties of the Lodge he may have in his possession. 

THE SECRETARY. 

The duty of this officer is to record the proceedings of 
the Lodge; to receive all moneys due the Lodge and pay the 
same to the Treasurer; to prepare the usual Returns to the 
Grand Lodge, in proper time and in accordance with the 
Constitution, and forward the same to the Grand Secretary; 
to deliver up to his successor in office, all the books, seal, 
and other property of the Lodge. 

THR SENIOR DEACON 

Is to take part in the active duties of the Lodge; to be 
courteous to and provide accommodations for visiting 
brethren, and act as the proxy of the Master. 

THE JUNIOR DEACON 

Has especial charge of the door, acts as the proxy of the 
Senior Warden and attends to such other duties as are 
pointed out to him by the Master or Senior Warden, in 
accordance with the usages of Masonry, and the By-laws 
of his Lodge. 

THE STEWARDS 

Are to assist in the prepartion of candidates, and to assist 
the Senior Deacon in the discharge of his duties 

THE TILER. 

The duties of the Tiler are: to tile the Lodge under the 
direct orders of the Master; to serve notices, summons, 
etc., issued under the authority of the Master and the 
Lodge; and for the faithful performance of these duties he 
shall receive dollars per year for his services. 



IV MASONIC CODE. 

OTHER OFFICERS. 

The Lodge may, in its discretion, appoint a Chaplain, a 
Marshal, and an Organist, whose duties shall correspond 
with their titles. 

ARTICLE IV. 

TRUSTEES — THEIR ELECTION AND DUTIES. 

§ 8. There shall be chosen by ballot, at the annual 
election, three Trustees, who shall hold in trust for the 
Lodge all stocks, securities, investments, and funds in 
deposit or interest and shall have power to transfer, 
exchange, or deposit the same, or any part thereof, 
whenever required by a vote of the Lodge; deposits to be 
made in such institution as may be directed by the Lodge, 
and no amount shall be drawn from such deposit without 
the order of the Lodge. 

§ 9. In case of a vacancy in the office of Trustee, the 
Lodge may at any time proceed to fill the same, after two 
weeks' notice. 

ARTICLE V. 

MEMBERSHIP— EOW ACQCIRED. 

§ 10. Any person desirous of being initiated in this 
Lodge must be proposed in writing by a member thereof, 
at a stated Communication ; the member making the pro- 
position shall state therein the age, birthplace, profession, 
and residence of the person proposed. If the Lodge con- 
sent to receive the proposition, it shall be referred to a 
Special Committee of three, whose duty it shall be to make 
a thorough investigation into the physical, mental, and 
moral qualifications of said candidate, and make their report 
thereof at the next stated meeting thereafter, unless further 
time be granted. On the report of said Committee being 
made, the Lodge shall proceed to ballot for the candidate, 
and if no black ball appear against him, he shall be elected; 
but should one black ball appear against him, he shall be 
rejected. 

§ 11. No person can receive any degree in this Lodge, or 
become a member thereof, who is not of mature age, sound 



in mind, perfect in body and limbs, possessing a good 
character, a trade or profession, or some visible way of 
acquiring an honest and respectable livelihood, and pub- 
licly acknowledging a belief in the existence of a Supreme 
Being. 

§ 12. Any Mason desirous of becoming a member of this 
Lodge by affiliation, must produce a certificate of having 
paid his dues in his former Lodge, and of his having left 
the same in good standing, subject to the conditions set 
forth in section 10. 

AKTICLE VI. 

FEES AND DUES. 

§ 13. The initiation fee shall be dollars (not less 

than fifteen). The affiliation fee ■ dollars. 

§ 14. The annual dues shall be dollars, payable 

quarterly. 

§ 15. Any member of the Lodge neglecting or refusing 
to pay his dues for one year, may be stricken from the roll 
thereof, by a vote of the Lodge, at a stated meeting. 

§ 16. No person withdrawing from this Lodge can again 
become a member, without being proposed and balloted for 
anew, subject to the provisions of sections 10 and 13. 

§ 17. No member, whose name has been stricken from 
the roll, can again become a member of this Lodge, without 
paying up his indebtedness, and being proposed and 
ballotted for as in the case of adjoining members. 

§ 18. No brother of this Lodg? shall be suspended or 
expelled from membership unless charges be preferred, 
duly specifying his offense, presented by a brother in good 
standing, and the accused being allowed full opportunity to 
make his defense. 

§ 19. Any brother desirous of withdrawing from this 
Lodge, must pay his indebtedness, and obtain its consent 
thereto. 

ARTICLE VII. 

COMMITTEES. 

§ 20. The Master, on the night of his installation, shall 
appoint a Committee of three members, to be called the 



T1 MASONIC CODE. 

Standing Committee, whose duty it shall be to examine the 
books, Touchers, etc. , of the Treasurer and Secretary from 
time to time, and to make a detailed report in writing, 
whenever required; likewise to examine and audit all bills, 
accounts, and claims that may be presented to the Lodge 
for payment, and report upon the same in writing. Nor 
shall any account be allowed by the Lodge until it shall 
have been examined and reported upon by the Standing 
Committee. 

§ 21. When in session, the Lodge may refer applications 
for charity to a Special Committee; but during the interval 
the Master and Wardens shall be a Committee of Charity, 
and shall have power at any time to draw upon the 
Treasurer, through the Master, for a sum not exceeding 
five dollars at one time, to bestow upon a distressed worthy 
Master Mason, his wife, widow, or orphan child. 

§ 22. Special Committees may be appointed upon any 
item of business, and may consist of as many members as 
the Lodge, in its decision, may think proper. All Com- 
mittees shall report at the next stated meeting subsequent 
to their appointment, and in writing, unless otherwise 
ordered by the Lodge. All committees shall be appointed 
by the Master. Members who are appointed to serve upon 
Committees shall feel bound in honor to give patient and 
diligent attention to the business of their appointment, and 
report their conclusions to the Lodge without fear or favor. 

ARTICLE VIII. 

DISCIPLINE, OFFENSES, TRIALS*) ETC. 

§23. An offense in Masonry is denned to be an act which 
contravenes these By-laws, any constitutional rule or edict 
of the Grand Lodge, any requisition of the unwritten law 
of Masonry, any law of the land or any law of God. 

§ 24. When an offense shall be committed by a member 
or members of this Lodge against the laws of Freemasonry, 
and charges are preferred thereon, it shall be the duty of 
the Master to appoint not less than three, nor more than 
seven, disinterested members of the Lodge, Commissioners; 
who shall appoint a time and place for the trial, most 
convenient for those interested, and summon the parties 
and fheir witnesses. After due investigation of all the 



APPENDIX. N u 

facts of the case, the Commissioners shall found their 
judgment thereon, and give notice to the parties interested. 
A majority must concur in such judgment, and their 
judgment, if approved by the Lodge, shall be final, unless 
an appeal be taken therefrom to the Grand Lodge within 
six months, in which case it shall be the duty of the 
Commissioners, upon receiving notice of such appeal, to 
transmit their report to the Grand Secretary. 

AKTICLE IX. 

§ 25. Any portion or the whole of these By-laws may be 
amended, or others substituted in their stead, at the will 
or the Lodge, provided the general principles of Free- 
masonry and the constitutional rules and edicts of the 
Grand Lodge are carefully maintained. But all amend- 
ments, substitutions, etc., must be proposed in writing, 
read before the Lodge, and laid over for two weeks before 
a vote of the Lodge is taken, and a vote of two-thirds of 
the members present shall be necessary to the adoption of 
such proposition. 

Any action or edict of the Grand Lodge altering these 
By-laws, has the effect of an amendment, without any 
action on the part of the Lodge. 



CHAPTER 317. 

An Act to enable Lodges and Chapters of Free and Accepted 
Masons to Take, Hold, and Convey Beat and Personal 
Estate. Passed April 2, 1866. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

§ 1. Whenever any Lodge or Chapter of Free and 
Accepted Masons which is or hereafter may be duly 
chartered by and installed according to the general rules 
and regulations of the Grand Lodge or Grand Chapter of 
Free and Accepted Masons of the State of New York, shall 
be desirous of having the benefit of this act, it shall and 



V1U MASONIC CODE. 

may be lawful for such Lodge or Chapter, at any regular 
communication or convocation thereof, held in accordance 
with the Constitution and general regulations of the Grand 
Lodge or Chapter aforesaid, and in conformity to its own 
By-laws, to elect three Trustees for such Lodge or Chapter, 
for the purpose aforesaid, a certificate of which election 
and purpose shall be made and subscribed by the first three 
elective officers of such Lodge or Chapter, under their 
hands, and stating therein the time and place of such elec- 
tion, the regularity thereof, the names of said Trustees 
and the terms severally for which they are allotted to serve, 
and the name of the Lodge or Chapter for which they 
are elected. The execution of such certificate shall be ac- 
knowledged or proved before some officer ' authorized to 
take the acknowledgment of deeds, who shall indorse 
thereon a certificate of such acknowledgment, under his 
hand, and the same shall then be filed in the office of the 
Secretary of State. Such Trustees and their successors 
shall thereupon be and become entitled to all the benefits, 
rights, and privileges granted by this act, to and for the 
use and behoof of said Lodge or Chapter, and a copy of 
said certificate, certified by the Secretary of State, or his 
deputy, shall be evidence of the right of said Trustees to 
exercise all the rights and privileges conferred'by this act; 
and said Trustees shall thereupon be authorized to take 
and hold and convey real and personal estate, for the 
charitable purposes of said Lodge or Chapter, not exceed- 
ing the clear annual value of ten thousand dollars. 

§ 2. The persons so first elected Trustees shall be 
divided by lot by said officers making said certificate, so 
that the term of one shall expire on the day of the festival 
of St. John the Evangelist next thereafter, and another in 
one year, and the third in two years thereafter. One 
Trustee shall annually thereafter, prior to the expiration of 
the terms of office of said Trustees and their successors, be 
elected by said Lodge or Chapter by ballot, in the same 
manner and at the same time as the first three officers 
thereof severally are or shall be elected according to the 
Constitution, By-laws, and general regulations aforesaid, 
and a certificate of said election, under the hands of said 
officers and the seal of s^id Lodge or Chapter, if they have 
one, shall be made and shall be evidence of said election. 



and entitle said person so elected to act as Trustee. Said 
Lodge or Chapter may, at any regular communication or 
convocation, fill any vacancy that may have occurred in 
said Board of Trustees, to be certified in like manner and 
with like effect as at an annual election. The person so 
elected shall hold his office for and during the term of the 
Trustee whose place he was elected to fill. 

§ 3. If any person so elected Trustee shall die, resign, 
dimit, or be suspended or expelled from said Lodge or 
Chapter, remove from the State, or become insane, or 
otherwise incapacitated for performing the duties of 
said trust, his office as Trustee shall therefor be deemed 
vacant, and said Lodge or Chapter may thereafter, at any 
regular meeting, fill such vacancy, in the manner and with 
the effect stated in the last section. 

§ 4. The Trustees of any such Lodge or Chapter, and 
their successors, shall be and are hereby authorized to take, 
hold, and convey, by and under the direction of said Lodge 
or Chapter, and for the use and benefit thereof, all the 
temporalities and property belonging thereto, whether 
consisting of real or personal estate and whether the same 
shall have been given, granted or devised directly to such 
Lodge or Chapter or to any person or persons for their use, 
or in trust for them or their benefit, and also in their 
individual names, with the addition of their title of Trustees 
aforesaid, to sue and be sued in all courts and places having 
jurisdiction, and to recover, hold, and enjoy, in trust, and 
subject as aforesaid, all the debts, demands, rights, and 
privileges, and all Masonic halls, with the appurtenances, 
and all other estate and property belonging to such Lodges 
and Chapters in whatsoever manner the same may have 
been acquired, or in whose name soever the same may be 
held, as fully and amply as if the right or title thereto had 
originally been vested in said Trustees, and also to purchase 
and hold for the purposes and subject as aforesaid, other 
real and personal estate, and to demise, lease, and improve 
the same ; and such Lodge or Chapter shall have power to 
make rules and regulations, not inconsistent with the laws 
of this State nor contrary to the Constitution or general 
regulations of the Grand body to which it shall be subor- 
dinate, for managing the temporal affairs of such Lodge or 
Chapter, and to dispose of its' property and all other 



*■ MASONIC CODE. 

temporal concerns and revenue thereof, and the Secretary 
and Treasurer of such Lodge or Chapter, duly elected and 
installed according to the Constitution and general regu- 
lations aforesaid, shall, for the time being,, be ex officio the 
Secretary and Treasurer of said Trustees. 

§ 5. Nothing in this act contained shall be construed or 
taken to give to such Trustees of any Lodge or Chapter, the 
power to purchase, sell, convey, or dispose of any property, 
real or personal, of such Lodge or Chapter, nor shall they have 
such power except by and under the direction of such Lodge 
or Chapter, duly had at a regular or stated communication 
or convocation thereof, according to the Constitution and 
general regulations aforesaid, and said Trustees shall at all 
times obey and abide by the directions, orders, and reso- 
lutions of said Lodge or Chapter, duly passed at any 
regular or stated communication or convocation thereof, 
according to and not contravening the Constitution and 
Laws of this State, or of the Grand body to which it shall 
be subordinate, or of the Lodge or Chapter aforesaid. 
Provided, that in case said Lodge or Chapter shall surrender 
its warrant to the Grand body to which the same shall be 
subordinate, as aforesaid, or shall be expelled or become 
extinct, according to the Constitution and general regula- 
tions aforesaid, it shall be the duty of said Trustees then in 
office, out of the property aforesaid, to satisfy all just debts 
due from said Lodge or Chapter, and the residue of said 
property shall be transferred to the "Trustees of the 
Masonic Hall and Asylum Fund," a corporation created by 
an act entitled "An Act to Incorporate the Trustees of the 
Masonic E&ll and Asylum Fund," passed April twenty-first, 
eighteen hundred and sixty-four, and unless reclaimed by 
said Lodge or Chapter within three years after said transfer, 
in accordance with the Constitution and general regulations 
aforesaid, the same, with the avails or increase thereof, 
shall be applied by said Trustees last mentioned, to the 
benevolent purposes for which said Trustees were created 
in and by said act. 

§ 6. It shall and may be lawful for any Lodge or Chapter, 
or the Trustees or Officers thereof, under the direction of 
such Lodge or Chapter, heretofore incorporated by the Jaws 
of this State or thereby enabled to take and hold real or 
personal estate or both,' to surrender such act of incor- 



MASONIC CODE. XI 

poration, charter, or privilege, and to be enabled to take 
and hold property, with all the rights and subject to all the 
provisions of this act, on making and filing the certificate 
in the manner specified in the first section of this act, and 
therein stating, in addition to what is therein required, the 
surrender of said act, charter, or privilege, referring to and 
specifying the same, and on such certificate being so made 
and filed, the Lodge or Chapter making and filing the same 
shall thereupon be deemed as having fully surrendered such 
incorporation, charter, or right, and its property shall be 
fully vested in the Trustees specified in said certificate, and 
their successors, with all the rights, powers, and privileges, 
and subject to all the provisions of this act. 

§ 7. No Board of Trustees for any Lodge or Chapter, 
filing the certificate aforesaid, shall be deemed to be dis- 
solved for any neglect or omission to elect a Trustee annually, 
or fill any vacancy or vacancies that may occur or exist at 
any time in said board; but it shall and may be lawful for 
said Lodge or Chapter to fill such vacancy or vacancies at 
any regular communication thereafter to be held, and till 
a vacancy arising from the expiration of the term of office 
of a Trustee is filled, as aforesaid, he shall continue to hold 
the said office and perform the duties thereof. 

§ 8. This act shall be deemed a public act and be benignly 
construed in all courts and places, to effectuate the objects 
thereof. 

§ 9. This act shall take effect immediately. 

State of New York, ) 
Office of the Secretary of State. \ 

I have compared the preceding with the original law on 
file in this office, and do hereby certify that the same is 
a correct transcript thereform and of the whole of said 
original law. Francis C. Barlow, Secretary of State. 

FORM OF CERTIFICATE 

TO BE USED BY LODGES DESIRING TO INCORPORATE THEIB 
TRUSTEES WITH THE PROVISIONS OF THE ABOVE ACT, 

State of New York, County of 

We, the undersigned, the first three elective officers ot, 
Lodge No , of Free and Accepted Masons, duly 



XI 1 NEW YOKE 

chartered by and installed according to the General Rules 
and Regulations of the Grand Lodge of Free and Accepted 
Masons, of the State of New York, do hereby certify, that,' at 
a regular communication of said Lodge held at their Lodge- 
room, in the , on the .... day of in the year 

18 . . , in accordance with the Constitution and General 
Regulations of the Grand Lodge aforesaid, and in con- 
formity to their by-laws, the said Lodge being desirous of 
having the benefits and privileges conferred by an Act of the 
Legislature of the State of New York, entitled, "An Act to 
enable Lodges and Chapters of Free and Accepted Masons, 
to Take, Hold, and Convey Real and Personal Estate," 
passed April 2, 1866, did, then and there, proceed to elect 
three Trustees for such Lodge, for the purpose aforesaid, 
and whose terms of office were allotted, by the undersigned, 
as prescribed in said act. 

And the undersigned do further certify, that said election 
was regularly conducted, according to the Constitution and 
General Rules and Regulations of the said Grand Lodge, 
and the by-laws of the Lodge aforesaid; that the names of 
said Trustees, and the terms, severally, for which they were 

allotted to serve, are as follow: , whose term will 

expire on the day of the festival of St. John the Evangelist 

next after said election; , whose term will expire in 

one year thereafter; and , whose term will expire in 

two years thereafter. 

In testimony whereof, the undersigned, the first three 
elective officers aforesaid, and Master and Wardens of said 

Lodge, have hereto set our hands, this day of , 

in the year 18. .. 

, Master. 

, Senior Warden. 

, Junior Warden. 

Signed, and duly stamped ) 

before execution, in pre- >• J Rev. Stamp, ) 

sence of ) 1 5 cts. Canceled, j 



State of New York, ) 

County of j 

I, the undersigned, an officer duly authorized by law to 
take the acknowledgment of deeds, do hereby certify, that 



MASONIC CODE. xiii 

on the day of , in the year 18 . . , in the 

of , in the said county, before me personally ap- 
peared , with whom I am personally acquainted, 

and know to be the Master and Wardens, and first three 
elective officers of the Lodge specified in the foregoing 
instrument, and the persons and officers described therein, 
and who have subscribed the same, and who, each, then 
and there, severally acknowledged the execution by them 
of the foregoing certificate. 



j Rev. Stamp, \ 
{ 5 cts. Canceled, j 



The Judge, Commissioner, Justice, or Notary Public 
before whom the certificate is acknowledged will sign this 
certificate officially. In case he does not personally know 
the subscribers, they can be identified by some witness who 
does know them, and the certificate can be altered accord- 
ingly. The certificate must then be sent to the Secretary 
of* State and a copy sent to the Grand Secretary. 



MASONIC PUBLISHING 



FURNISHING COMPANY, 

729 BROADWAY, 

Cor. Waverley Place, NEW YORK. 



Standard Masonic Works, 

Old Masonic Books, Magazines, Pamphlets and 
Proceedings, 

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.A.. «a,x3Lc2. -<&.- 3BL. C3»oxtfitSf, 

Lodge, ChajDter, and Commandery Jewels, Furni- 
ture, etc., etc. 

Early History and Proceedings of the Grand 
Lodge of New York, 1730 to 1816. Price $5. 



CANVASSERS WANTED 

throughout the State. 

BARKER, du LAURANS k DURHAM, Proprietors. 

D. SICKLES, Superintendent. 

(Send for Catalogue.) 



Masonic Clothing and Furniture. 



FOR BLUE LODGE. 




APRONS. 

iJncn Aprons per doz., $6 0< 

Lambskin Aprons, plain each $1 00, or $10 00 per dozen, 

" " lined " 1 25, or 12 00 " 

11 " trimmed with Blue Silk each $2 50 to §3 50 

4 * " Stamped with Jewel of Office, in 

Bine and Gold, and trimmed with 

Blue Cloth each 8 50 

14 '* Stamped with Jewel of Office, in Blue 

and Gold, trimmed with Blue Silk, each 4 00 
Dress Aprons, Lambskin, elegantly Ornamented with 
proper Masonic Devices, in Blue ar.d Gold, trimmed 

with Moire Antique Silk each 6 80 

Same— Lambskin, elegantly Ornamented with proper 
Masonic devices, in Blue and Gold, with Silver Masonic 

Tassels finished similar to the English Aprons each 6 00 

Same— with Morocco Case each 8 00 



CLOTHING AND FURNITURE. 




LODGE FURNITURE, Etc. 



Columns for Middle Chamber, with Celestial and Terrestrial 
Globes, Lily and Net- work Pomegranates, etc, com- 
plete $70to$130 (W 

Gavels, Eosewood per set, $4 00 to 6 00 

" Ebony or Rosewood, solid " 8 <XI 

Mahogany Columns, for S. W. and J. W per set, $5 00 to 6 00 

Rosewood " " " " 10 00 

11 extraflnish $15 00 to 20 00 

Mahogany Working Tools (set of 4 pieces), 5 00 

Eosewood " " " inlaid 6 00 

" u " " MosiacWork 9 00 

White Holly " " " fancy inlaid y 00 

Trowels, Silver Plated $2 50 3 00 and 3 50 

Solid Silver $10 00 to 16 00 

Setting Manl 8 00 

Stone Hammer, or Common Gavel, Silver-Plated 3 58 

Rods for Deacons and Masters of Ceremonies, and Stewards, 
emblematically Ornamented with Silver-plated Tops, per 



pair., 



8 00 

Stands and Lights for Altars $25 00 to 60 00 

Slippers each 1 09 

Hoodwinks each 75 

Canvas for Third Degroc - . ... 10 00 



CLOTHING AND FURNITURE. 




Cable Towa . . 1 00 

Drawers 2 f)0 

Marshal's Baton $1 25 to 2 25 

Paper Seals per 100 50 

Carpet for Middle Chamber, made to order, in the best 

style $40 to 60 00 

Masters' Chart, in Three Parts. Framed and Boxed 15 00 

Lodge Seal, engraved in brass, and Press $7 00 to 20 00 

Secret Ballot Box, Mahogany, with Ballots, plain. 5 00 

" " Black Walnnt . 6 GO 

" " fancy inlaid .15 00 

M " with emblems, inlaid with Pearl and Mosaic 

Work 25 00 

Extra Ballots per doz. 25 

J£3F~ This box is so constructed that voting may be done by the 
8cnse of feeling— without the necessity of the voter seeing the 
ballots. The front of the box 
in which the ballots are placed 
is opened, as shown in the en- 

f raving; the ballots are then 
eposited ii the rear through a 
I convenient opening in the par- 
I tition. During the process of 
S^t^" voting the hand of the voter is 
;.... IBS completely screened from or> 
e= servation, thus rendering tho 
balloting entirety secret. After 
the voting is completed the front of the box is closed and the rear 
opened, which exposes the result. By an ingenious contrivance in 
the partition the ballots are again removed to the front of the box 
and ready for use without handling feenu 




CATALOGUE. 

Printed Blank Books for Lodge, Chapter, 
or Commandery. 

Lodge oh Chapter Register each 2 50 

Receipt Books for Lodge or Chapter. . .each 3 50 
Proposition Books " " each 4 00 

Draft Books for Lodge or Chapters. ...each 8 50 

Visitors' Book 3 50 

Black Book 3 50 

Ode Cards for the Lodge per dozen 1 50 

Ode Cards for the Chapter " 1 50 

Petitions for Membership per 100 1 25 

Ledgers and Minute Books. Large and small 
Bibles. 

Masonic Ledgers— a new article per quire 2 50 

Secretary's Receipts 3 50 

Book of Marks for Chapters 4 00 

Question Books for Commandery 4 00 

Dimits for Lodge, Chapter, Council or Com 

mandery per dozen 75 



Diplomas. 

The most complete Assortment in this Country. 
Master Mason, Parchment, Morocco Tuck, each 1 50 
Same, Bristol Board, for framing, . " .. 1 00 

Same, Chromo in Oil Colors, " ' * ? o- 

Same, Plate Paper, for framing. . . ' . • 1 »■ 

Royal Arch, Parchment, Tucks " • • J 2JJ 

Same, Chromo in Oil Colors " . • f ^ 

Same, Plate Paper, for framing " 1 2o 

Royal Arch and Select Masters, Parchment, 

Tucks each. 1 50 

Knight Templar, Parchment, Tucks " 1 50 

Same, Plate Paper, for framing .. 125 

Masier Mason and Royal Arch, m one Tuck, 

each 3 00 
Master Mason, Royal, and Templar, one 

Tuck each 4 oU 

Master Mason,' R A ] R. and S. Masters, and 

K T each 00 

Honorary ' Member's Certificate, Bristol 
Board - cach l ^ 



